LAYZER v. Leavitt

OPINION & ORDER

Hon. HAROLD BAER, Jr., District Judge.

Judith M. Layzer 1 and Ray J. Fischer (“Plaintiffs”) bring this action pursuant to § 205(g) of the Social Security Act (the “Act”), 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health and Human Services (“Secretary” or “Defendant”) that denied them reimbursement for certain prescription drugs. The dispute centers on the question of whether the prescription drugs at issue are covered by Medicare Part D, a voluntary prescription drug benefits program. The Defendant moves for judgment on the pleadings affirming the…