Legal Opinion
Friedberg v. Schweiker
Court of Appeals for the Third Circuit
Decided November 16, 1983No. 83-5122PublishedCited by 201 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
This appeal by the Secretary of Health and Human Services, from a judgment of the district court, presents an issue of first impression in the courts of appeals. We are required to decide whether a “spell of illness,” as defined by 42 U.S.C. § 1395x(a) of the Medicare Act continues when a person is receiving only custodial care in a “skilled nursing facility.” The Secretary contends that so long as an individual resides in a skilled nursing facility he or she is considered an inpatient regardless of the type of care the individual needs and receives. The district court, on…
3Cases cited9 opinions
- Social Security Board v. NierotkoSupreme Court of the United States · 1946
- Charles Livingston v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1980
- Curtin v. HarrisDistrict Court, D. New Jersey · 1981
- Cecil Rowe, on Behalf of Dewanna S. Rowe, Infant v. Robert H. Finch, Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1970
- Eisman v. MathewsDistrict Court, D. Maryland · 1977
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4Cited by201 opinions
- Schonewolf v. CallahanDistrict Court, D. New Jersey · 1997
- 6 soc.sec.rep.ser. 142, Medicare&medicaid Gu 34,082 Rose Mayburg v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1984
- Estate of Landers Ex Rel. Landers v. LeavittCourt of Appeals for the Second Circuit · 2008
- Kich v. ColvinDistrict Court, M.D. Pennsylvania · 2016
- Stockett v. Commissioner of Social SecurityDistrict Court, D. New Jersey · 2016
196 more not listed; retrieve them via the Exa API.