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WATERS v. BECERRA

No. 22-1997.

80 F.4th 782 (2023)

Therese M. WATERS, obo Kelly E. Waters, Plaintiff-Appellant, v. Xavier BECERRA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2023.

Attorney(s) appearing for the Case

ARGUED: Thomas J. Waters , THE RUNNING WISE LAW FIRM, Traverse City, Michigan, for Appellant. Nicole Mazzocco , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Thomas J. Waters , THE RUNNING WISE LAW FIRM, Traverse City, Michigan, for Appellant. Nicole Mazzocco , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

BUSH, J., delivered the opinion of the court in which GILMAN and READLER, JJ., joined. READLER, J. (pgs. 789-90), delivered a separate concurring opinion.

OPINION

Therese Waters, on behalf of her daughter Kelly Waters, sought judicial review of the Medicare Appeals Council's denial of Waters's Medicare Part B claim. Her claim was for Vitaflo Homocystinuria Cooler, an orally consumed enteral nutrition formula that provides her with necessary protein to compensate...

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