William F. MATTHEWS, Estate of William F. Matthews Sr., Plaintiffs-Appellants,
v.
Michael O. LEAVITT, Secretary of the Department of Health and Human Services and Excellus, Inc., a Medicare Plus Choice Organization doing business as Senior Choice, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: May 11, 2006.
Decided: June 20, 2006.
Attorney(s) appearing for the Case
William W. Berry, Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc., Buffalo, NY, for Plaintiffs-Appellants.
Susan M. Bozinko, Assistant Regional Counsel, United States Department of Health and Human Services, Office of the General Counsel—Region II, New York, N.Y. (Kathleen M. Mehltretter, Acting United States Attorney, Jane B. Wolfe, Assistant United States Attorney, United States Attorney's Office for the Western District of New York, Buffalo, NY; Paula M. Stannard, Acting General Counsel, Joel Lerner, Chief Counsel—Region II, Rachel Park, Assistant Regional Counsel, United States Department of Health and Human Services, Office of the General Counsel— Region II, New York, NY, on the brief), for Defendant-Appellee Michael O. Leavitt.
Cheryl Smith Fisher, Magavern, Magavern & Grimm, L.L.P., Buffalo, NY, for Defendant-Appellee Excellus, Inc.
Before WINTER, CABRANES and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge.
We consider here whether an Administrative Law Judge ("ALJ") adjudicating a dispute over entitlement to benefits pursuant to the terms of an agreement between an enrollee and a Medicare + Choice provider under Medicare Part C1 has statutory authority to hear a state law contract claim for damages independent of the ALJ's determination of the enrollee's entitlement...
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