No. 22-957

Laurie A. Dermody v. Massachusetts Executive Office of Health and Human Services

Lower Court: Massachusetts
Docketed: 2023-03-31
Status: Denied
Type: Paid
CVSGAmici (2)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 42-usc-1396p annuity annuity-rules asset-transfer medicaid-eligibility medical-assistance remainder-beneficiary spousal-impoverishment statutory-interpretation transfer-penalty
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2024-06-13 (distributed 3 times)
Question Presented (from Petition)

Whether an annuity that satisfies the condition in Section 1396p(c)(2)(B)(i) must name the State as the first remainder beneficiary in order to avoid Section 1396p(c)(1)'s transfer penalty.

Question Presented (AI Summary)

Whether an annuity that satisfies the condition in Section 1396p(c)(2)(B)(i) must name the State as the first remainder beneficiary in order to avoid Section 1396p(c)(1)'s transfer penalty

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-28
Supplemental brief of petitioners Laurie A. Dermody, et al. filed. (Distributed)
2024-05-09
Brief amicus curiae of United States filed.
2023-10-02
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2023-07-26
DISTRIBUTED for Conference of 9/26/2023.
2023-07-26
2023-07-12
Brief of respondent Massachusetts Executive Office of Health and Human Services in opposition filed.
2023-05-18
Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2023.
2023-05-17
Motion to extend the time to file a response from June 12, 2023 to July 12, 2023, submitted to The Clerk.
2023-05-11
Response Requested. (Due June 12, 2023)
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-05-01
Waiver of right of respondent Massachusetts Executive Office of Health and Human Services to respond filed.
2023-04-27
Brief amicus curiae of Massachusetts Chapter of the National Academy of Elder Law Attorneys filed.
2023-03-29
Petition for a writ of certiorari filed. (Response due May 1, 2023)

Attorneys

Laurie A. Dermody, et al.
Adam G. UnikowskyJenner & Block LLP, Petitioner
Massachusetts Chapter of the National Academy of Elder Law Attorneys
Patricia Frances Keane MartinSeegel Lipshutz Lo & Martin, LLP, Amicus
Massachusetts Executive Office of Health and Human Services
Katherine Brady DirksOffice of the Attorney General of Massachusetts, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Amicus