Legal Opinion
Smith on Behalf of McDonald v. Shalala
District Court, D. Vermont
Decided April 5, 1994No. 2:92CV336PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
NIEDERMEIER, United States Magistrate Judge.
Mary McDonald appeals from a final decision of the Secretary, denying her claim for Medicare Part A home health care benefits. She brings this action pursuant to 42 U.S.C. § 405(g). Both parties have moved for summary judgment and consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. For the following reasons, I grant McDonald’s motion and deny the Secretary’s.
I. BACKGROUND
A. Procedural History
The Visiting Nurse Association of Burlington (“VNA”) provided the home health care…
2Cases cited13 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Eugenio CRUZ, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
- Schisler v. BowenCourt of Appeals for the Second Circuit · 1988
- STATE OF NEW YORK, on Behalf of Margaret BODNAR, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppellantCourt of Appeals for the Second Circuit · 1990
- Kertesz v. Crescent Hills Coal Co.Court of Appeals for the Third Circuit · 1986
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3Cited by2 opinions
- Executive Director of the Office of Vermont Health Access v. SebeliusDistrict Court, D. Vermont · 2010
- Martinelli v. BurwellDistrict Court, W.D. New York · 2015