Legal Opinion

Roth v. Secretary of Health and Human Services

District Court, W.D. New York

Decided April 17, 1985No. CIV-83-1007CPublishedCited by 4 opinions

1Opinion of the Court

CURTIN, Chief Judge.

This is an appeal from a final decision by the Secretary of Health and Human Services denying payment of extended care benefits for care received by the decedent while he was in a skilled nursing facility. Jurisdiction is based upon section 1869(b) of the Social Security Act, 42 U.S.C. § 1395ff(b). Both parties have moved for judgment on the pleadings.

I

Floyd Striffler was transferred from Lockport Memorial Hospital to the Briody Nursing Home on December 9,1981. Briody is a skilled nursing care facility. On the same day, Striffler’s daughter was notified that the services…

2Cases cited4 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Kuebler v. Secretary of the United States Department of HealthDistrict Court, E.D. New York · 1984
  3. Hayner v. WeinbergerDistrict Court, E.D. New York · 1974
  4. Samuels v. WeinbergerDistrict Court, S.D. Ohio · 1973

3Cited by4 opinions

  1. Howard v. HecklerDistrict Court, E.D. New York · 1985
  2. Griffith v. SullivanDistrict Court, D. Massachusetts · 1992
  3. Israel Ex Rel. Geyer v. Secretary of Health & Human ServicesDistrict Court, W.D. New York · 1987
  4. Babula v. Secretary of Health and Human ServicesDistrict Court, W.D. New York · 1987

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