GOVERNMENT BENEFITS CASES

• Reynolds v. DeBuono
• MacKenzie Med. Supply, Inc. v. Leavitt
• Wade v. City of North Chicago Police Pension Board

U.S. 2nd Circuit Court of Appeals, October 31, 2007
Reynolds v. DeBuono, No. 06-0283
Judgment enjoining state defendants to supervise New York City officials' compliance with specified obligations under the Food Stamp Act is reversed where the record does not support the imposition of liability on the state or warrant the issuance of a permanent injunction against it. Read more...

U.S. 4th Circuit Court of Appeals, October 31, 2007
MacKenzie Med. Supply, Inc. v. Leavitt, No. 06-1630
Determination by defendant that it overpaid plaintiff Medicare reimbursement payments for power wheelchairs that plaintiff provided to Medicare recipients is affirmed over claims that: 1) the plain language of Part B of the Medicare Act provides that a completed certificate of medical necessity is always sufficient to entitle a DME supplier to reimbursement on a DME claim under Part B; 2) the district court erred in rejecting the argument that plaintiff is exempt from liability to repay any and all monies that it received for the power wheelchairs; and 3) the Paperwork Reduction Act of 1995 prevents defendant from requesting medical records in addition to CMNs for plaintiff to substantiate its DME claims for the power wheelchairs at issue. Read more...

Illinois Supreme Court, November 01, 2007
Wade v. City of North Chicago Police Pension Board, No. 101265
In an action for administrative review of the decision of the City of North Chicago Police Pension Board, finding that the denial of a pension was contrary to the manifest weight of the evidence is affirmed where the noncertifying doctor's conclusions were not credible and were not supported by the record. Read more...