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← 770 F. Supp. 2d 61 - Hall v. Sebelius

770 F. Supp. 2d 61 - Hall v. Sebelius’s Empirical Analysis

2011

Citation profile

4
cited by 4 later decisions
May 2015
most recently cited

1 federal appellate · 2 district ·

Relationships

Applies 42 U.S.C. § 1395 (§ 1801 of the Social Security Act of 1935) · 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935) · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 414 (§ 214 of the Social Security Act of 1935) · 42 U.S.C. § 426 (§ 226 of the Social Security Act of 1935) · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 8903 · 5 U.S.C. § 8904

Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Lujan v. Defenders of Wildlife · Steel Co. v. Citizens for a Better Environment · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) has attained age 65, and (2) (A) is entitled to monthly insurance benefits under [ 42 U.S.C. § 402 (a)], shall be entitled to hospital insurance benefits under part A ... for each month for which he meets the condition specified in paragraph (2)....”
    2 later decisions quote this exact passage · from the majority
  2. “Every individual who (1) is a fully insured individual (as defined in [ 42 U.S.C. § 414 (a) ]), (2) has attained age 62, and (3) has filed application for old-age insurance benefits ... shall be entitled to ... old-age insurance benefit[s]____”
    2 later decisions quote this exact passage · from the majority
  3. “• POMS HI 00801.002, titled “Waiver of Hospital Insurance Entitlement by Monthly Beneficiary,” states that a person who is entitled to monthly Social Security benefits may not “waive” Medicare Part A entitlement, but may avoid such entitlement by withdrawing her application for monthly Social Security retirement benefits, which requires repaying all benefits received. POMS HI 00801.002, available at https://secure. ssa.gov/appslO/poms.nsfilnx/ 0600801002. • POMS HI 00801.034, titled “Withdrawal Considerations,” explains how an individual who is entitled to Social Security retirement benefits may withdraw from Medicare Part A, in accordance with POMS HI 00801.002. POMS HI 00801.034, available at https://secure.ssa.gov/ poms.nsfilnx/0600801034. • POMS GN 00206.020, titled “Withdrawal Considerations When Hospital Insurance is Involved,” similarly explains the process for withdrawing from Medicare Part A. It states, in relevant part: “[A] claimant who is entitled to monthly [Social Security retirement] benefits cannot withdraw [from Medicare Part A] coverage only since entitlement to [Medicare Part A] is based on entitlement to monthly [Social Security retirement] benefits (see HI 00801.002).” POMS GN 00206.020, available at https:// secure.ssa.gov/appslO/poms.nsfilinks/ 0200206020.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.