Linser v. Office of Attorney General, et al.
Docket No. 20030184
Oral Argument:
Thursday, November 6, 2003 10:45am
Docket Info
- Title
- Jay Linser, Appellee
v.
Office of Attorney General,
Department of Human Services,
and Stutsman County Social
Services, Appellants - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 02-C-307
Southeast Judicial District, Stutsman County
John E. Greenwood
2003 ND 195672 N.W.2d 643
Oral Argument
11/6/2003
Highlight
An applicant for Medicaid benefits must prove eligibility.
Assets in a support trust are deemed to be available to the applicant and considered to be part of the applicant's assets in determining Medicaid eligibility. However, assets in a discretionary trust are considered available only to the extent amounts are actually distributed to the beneficiary.
An asset to which an applicant has a legal entitlement is not unavailable simply because the applicant must initiate legal proceedings to access the asset.
Counsel
Party | Type | Name |
---|---|---|
APPELLANT | ATT. GENERAL OFFICE | Jean R Mullen - 03460 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/30/2003 | NOTICE OF APPEAL : 06/27/2003 | |
2 | 07/09/2003 | Faxed letter from Bill Peterson of Human Services RE: No filing fee is required | |
3 | 07/10/2003 | Original letter from Bill Peterson dated 7-9-03 (Same as faxed letter filed 7-9-03) | |
4 | 07/22/2003 | RECORD ON APPEAL & Certificate of Record from Department of Human Services | |
5 | 07/22/2003 | DISK - TRA (3-14-02--Administrative Hearing;part of Cert/Record ) | |
6 | 08/05/2003 | APPELLANT BRIEF | View |
7 | 08/05/2003 | APPELLANT APPENDIX | |
8 | 08/12/2003 | Corrected covers for ATB & ATA | |
9 | 08/12/2003 | DISK - ATB (e-mailed) | |
10 | 08/29/2003 | APPELLEE BRIEF | View |
11 | 08/29/2003 | DISK (e-mailed) - AEB | |
12 | 09/11/2003 | REPLY BRIEF | View |
13 | 09/11/2003 | DISK - RYB (e-mailed) | |
14 | 11/06/2003 | APPEARANCES: Jean R. Mullen and Steven E. McCullough | |
15 | 11/06/2003 | ARGUED: Mullen; McCullough (Vol. Y; Page 163) | |
16 | 11/06/2003 | ORAL ARGUMENT WEBCAST | |
17 | 12/19/2003 | DISPOSITION | |
18 | 12/19/2003 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
19 | 12/19/2003 | Costs on appeal taxed in favor of Appellants | |
20 | 12/23/2003 | Judgment Mailed to Parties | |
21 | 01/12/2004 | MANDATE | |
22 | 01/14/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
23 | 10/27/2010 | EXPUNGED - Nonpermanent record items destroyed |