U.S. 2nd Circuit Court of Appeals, April 17,
2007
Healey
v. Rovner, No. 06-0525
In case involving class
action suit filed on behalf of home-bound Medicare beneficiaries who
rely on Medicare coverage for various in-home services provided by
home health agencies, award of attorney fees under EAJA is affirmed
as to the decision to award fees and to reduce the amount sought,
however, the award is reversed to the extent the fees were awarded
above the statutory cap. Read
more...
U.S. 7th Circuit Court of Appeals, April 16,
2007
Giles
v. Barnhart, No. 06-2293
District court affirmation
of ALJ's decision to terminate disability benefits for a minor is
reversed and remanded where the ALJ did not base the decision on a
sufficient articulation of the evidence, and erred by not making a
credibility determination as to certain testimony. Read
more...
U.S. D.C. Circuit Court of Appeals, April 17,
2007
Action
Alliance of Senior Citizens v. Leavitt, No.
06-5295
In case involving effort on behalf of
participants in Medicare Part D prescription drug program to reverse
the government's efforts to recover payments mistakenly made to
participants, an injunction, ordering appellant to refund monies to
participants and to notify all recipients of a right to request
waiver of repayment, is vacated as to claim under 42 U.S.C. section
404(b) since the district court lacked jurisdiction. A claim made
under 42 U.S.C. section 1395gg lacks merit. Read
more...
