|
July 12, 2010
Part D Recipients Must Repay Mistaken Refunds - Second Court Ruling
A federal appeals court has again ruled that 230,000 Medicare Part D beneficiaries who were erroneously mailed a premium refund do not have the right to apply for a waiver excusing them from repaying the money. Action Alliance of Senior Citizens v. Sebelius (D.C. Cir., No. 09-5191, June 18, 2010).
Because of a computer error, in August 2006 approximately 230,000 people were mistakenly mailed refunds for their Medicare prescription drug benefit premiums. The Bush administration insisted that the money, which averaged $215 per beneficiary, be paid back by the end of September 2006.
In September 2006, a federal district court judge agreed and issued an injunction ordering the Centers for Medicare and Medicaid Services (CMS) to immediately send a notice to all 230,000 beneficiaries stating that each has a right under federal law to request a waiver of the obligation to repay the funds. The judge added that any money already paid to the government "must be immediately returned to the beneficiaries so that they may decide whether to request waiver." The Department of Health and Human Services, of which CMS is a part, appealed to the U.S. Court of Appeals, District of Columbia Circuit.
More than two years after its original ruling, the appeals court now considers a second argument advanced by the seniors group -- that a provision in the Social Security statute allows the recipients to keep the money if returning it would be a hardship - and rules that the provision in the law applies only to overpayments of actual Social Security benefits. Although the mistaken refunds of the Medicare Part D premium payments came from the Social Security Administration, they were not actual Social Security benefits, the court rules, and therefore don't qualify for the hardship provision.
To read the entire article published by ElderLawAnswers, visit:
To read the appeals court's decision, click here.
|
Dr. Robert Butler, Trailblazing Advocate for the Elderly,
Dies at 83  Dr. Robert Butler, a psychiatrist who was widely regarded as "the father of geriatrics" and who spent a career working to change the way society views and treats the elderly, has died at 83. He worked until three days before his death from acute leukemia.
Dr. Butler's contribution to aging research and public policy was seminal and profound, and all who are elderly, or who someday will be, are the beneficiaries of his life and work.
I had the great pleasure of meeting Dr. Butler about two years ago (he was already in his 80's). I was privileged to be on a panel with him, David Solie and Valerie Rufo on a program entitled: Roles Reversed: The Impact on Aging on Two Generations. After the program, he invited me to meet with him at his office in NYC. I now regret not making that visit.
Vincent J. Russo & Associates, P.C.
|
Do you want to LAUGH! July 18th is the night!
 For a donation of $20, you can attend a fun evening at Governor's Comedy Club on Long Island and we will count you in as helping children with special needs.
Our Goal is 150 tickets sold for this Theresa fundraiser - We have sold 45 tickets to date.
SPREAD THE WORD! GET TOGETHER WITH GROUPS OF FAMILY & FRIENDS, HAVE SOME LAUGHS & DO IT FOR A GREAT CAUSE!
Tickets must be purchased in advance
(no tickets sold at the door)
For more information & to order your tickets today visit:
Thanks for your support! |
TEAM RUSSO
A Community Resource
There are over ten free educational seminars available for seniors and people with special needs that we are either hosting or are a guest speaker. Contact us for our seminar listings or go to our website for more information.
Register online or call Judy Murdaugh-Jackson at 800-680-1717 |
