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Dermody v. Massachusetts Executive Office of Health and Human Services

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-957 Mass. TBD TBD TBD TBD TBD

Issue: Whether an annuity that satisfies the condition in 42 U.S.C. § 1396p(c)(2)(B)(i) determining the Medicaid eligibility of a married institutionalized person must name the state as the first remainder beneficiary in order to avoid Section 1396p(c)(1)’s transfer penalty.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 29 2023Petition for a writ of certiorari filed. (Response due May 1, 2023)
Apr 27 2023Brief amicus curiae of Massachusetts Chapter of the National Academy of Elder Law Attorneys filed.
May 01 2023Waiver of right of respondent Massachusetts Executive Office of Health and Human Services to respond filed.
May 09 2023DISTRIBUTED for Conference of 5/25/2023.
May 11 2023Response Requested. (Due June 12, 2023)
May 17 2023Motion to extend the time to file a response from June 12, 2023 to July 12, 2023, submitted to The Clerk.
May 18 2023Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2023.
Jul 12 2023Brief of respondent Massachusetts Executive Office of Health and Human Services in opposition filed.
Jul 26 2023DISTRIBUTED for Conference of 9/26/2023.
Jul 26 2023Reply of petitioners Laurie A. Dermody, et al. filed. (Distributed)
Oct 02 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.