Bohlen v. Richardson

OPINION

EDWARD R. BECKER, District Judge.

Under the provisions of part B of Medicare, 1 the right of a senior citizen who has been denied benefits for medical services to obtain administrative and subsequent judicial review of that decision turns upon whether the determination which results in the denial of benefits relates to the claimant’s entitlement to those benefits (in which case there is a right of review), or merely to the amount of the benefits (in which case there is not). We have reviewed the Medicare statute and its legislative history as wéll as the nascent caselaw in the field.…