Legal Opinion

Bolognese v. Sebelius

Court of Appeals for the Second Circuit

Decided July 27, 2009No. 08-4109-cvPublishedCited by 2 opinions

1Opinion of the Court

*41 SUMMARY ORDER

Appellant appeals the District Court’s order granting the Secretary’s motion for judgment on the pleadings. We assume the parties’ familiarity with the facts of the case, its procedural history, and the scope of the issues on appeal.

The Administrative Law Judge (“ALJ”), whose decision was upheld by the District Court, determined that Appellant was not entitled to a waiver of a ninety percent surcharge imposed on his Medicare premium by the Social Security Administration because of his late enrollment. 42 U.S.C. § 1395p(h) permits the Secretary to waive Medicare enrollment period…

2Cases cited3 opinions

  1. George FRIEDMAN, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1987
  2. Pronti v. BarnhartDistrict Court, W.D. New York · 2004
  3. Keefe ex rel. Keefe v. ShalalaCourt of Appeals for the Second Circuit · 1995

3Cited by2 opinions

  1. Montes v. BerryhillDistrict Court, S.D. New York · 2020
  2. San Filippo v. BerryhillDistrict Court, S.D. New York · 2020

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