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KAPLAN EX REL. ESTATE OF KAPLAN v. LEAVITT

No. 06 CIV. 5511(DC).

503 F.Supp.2d 718 (2007)

Leah KAPLAN, ESTATE Representative OF Albert KAPLAN, Plaintiff, v. Michael LEAVITT, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, S.D. New York.

September 7, 2007.

Attorney(s) appearing for the Case

Medicare Rights Center by Robert M. Hayes, Esq., and Manatt, Phelps & Phillips, LLP by Ronald Gustav Blum, Esq., New York, NY, Attorneys for Plaintiff.

Michael J. Garcia, Esq., United States Attorney for the Southern District of New York by Allison D. Penn, Esq., Assistant United States Attorney, New York, NY, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

Plaintiff Leah Kaplan, estate representative of Albert Kaplan, brings this action pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1395ff(b), challenging the final determination of defendant Secretary of Health and Human Services (the "Secretary" and "HHS," respectively) that Kaplan was not entitled to certain Medicare benefits under Title XVIII of the Social Security Act (the "Act"). Both parties...

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