RISE Delaware then asked the court to pay for attorney fees, which was denied, but the state, represented by Delaware Department of Human Resources Secretary Claire DeMatteis, Office of Management and Budget Director Cerron Cade and other state benefits groups, filed an appeal even though the Superior Court has not issued a final decision. Their lawsuit resulted in a temporary decision allowing state retirees to keep the Medicare benefit they wanted. The new plan was met with opposition in 2022 by state retirees who organized under the group RISE Delaware and sued the state in an effort to keep traditional Medicare benefits.

In the latest court ruling, Supreme Court Justice Gary Traynor wrote that an October Superior Court decision allowing traditional Medicare benefits to continue is not a final order and cannot be appealed by state entities that are seeking to switch to a new plan. An attempt to change Medicare benefits for state retirees was denied April 3 by the Delaware Supreme Court, which upheld traditional benefits for now.

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