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FOURNIER v. SEBELIUS

No. 12-15478.

718 F.3d 1110 (2013)

Ronald FOURNIER, Plaintiff, and Delores Berg; Thomas DiCecco, Jr., Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2013.

Attorney(s) appearing for the Case

Gill Deford (argued), Wey-Wey Kwok , Alice Bers , Center for Medicare Advocacy, Inc., Willimantic, CT, for Plaintiffs-Appellants.

Sushma Soni (argued), Attorney, Civil Division, Stuart F. Delery , Acting Assistant Attorney General, Dennis K. Burke , United States Attorney, Michael S. Raab , Attorney, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

Ruth Szanto , Arizona Center for Disability Law, Phoenix, AZ, for Amici Curiae.

Before: ALFRED T. GOODWIN, KIM McLANE WARDLAW, and RONALD M. GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Appellants Delores Berg and Thomas DiCecco are Medicare beneficiaries who suffer from medical conditions that caused significant dental problems, and they received dental services to correct those problems. But the Secretary of the Department of Health and Human Services (HHS) denied coverage for those services. Appellants contend that this denial was premised on the Secretary's unreasonable...

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