Legal Opinion

Muth v. Sebelius

District Court, C.D. California

Decided March 13, 2012No. Case No. SACV 10-01567-CJC(JEMx)Published

1Opinion of the Court

MEMORANDUM OF DECISION

CORMAC J. CARNEY, District Judge.

I. INTRODUCTION

On October 14, 2010, Plaintiff Jean Muth filed a complaint seeking review of the determination of Defendant Kathleen Sebelius, Secretary of Health and Human Services (“the Secretary”), that Ms. Muth’s Medicare Advantage Plan (“MA plan”) provided by Aetna Medicare Golden Choice (“Aetna”) did not cover requested prosthodontal services. Ms. Muth’s complaint specifically challenges the decision of the Medicare Appeals Council (“MAC”) agreeing with the Secretary and denying coverage of her claim. The parties appeared for oral…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Tackett v. ApfelCourt of Appeals for the Ninth Circuit · 1999
  3. Dandridge v. WilliamsSupreme Court of the United States · 1970
  4. Weinberger v. SalfiSupreme Court of the United States · 1975
  5. Bolling v. SharpeSupreme Court of the United States · 1954

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