LEVI BY LEVI v. Heckler

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an appeal from a decision of the Secretary of Health and Human Services 1 denying plaintiff’s claim for certain hospitalization benefits under the Medicare provisions of the Social Security Act, 42 U.S.C. §§ 1395 et seq., as amended (“the Act”). The Court’s jurisdiction in this matter is founded on 42 U.S.C. §§ 405(g) and 1395ff(b). There being no dispute as to the relevant facts, the parties cross-move for judgment on the pleadings. For the reasons stated, the Secretary’s motion is denied, and the plaintiff’s cross-motion is granted.

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