Buckner v. Heckler’s Empirical Analysis
804 F.2d 258 · 1986
Citation profile
5 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 2017
5 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1395 (§ 1801 of the Social Security Act of 1935) · 42 U.S.C. § 1395F (§ 1814 of the Social Security Act of 1935) · 42 U.S.C. § 1395G (§ 1815 of the Social Security Act of 1935) · 42 U.S.C. § 1395H (§ 1816 of the Social Security Act of 1935) · 42 U.S.C. § 1395Y (§ 1862 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Mathews v. Eldridge · Weinberger v. Salfi · Heckler v. Ringer
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“claim that she is entitled to the overpayment is, in essence, one for medicare benefits.”
2 later decisions quote this exact passage · from the majority“The essence of the claim asserted in Fanning’s amended class action complaint is that the government is not entitled to recover Medicare overpayments from a fund created as a result of a settlement with an alleged tortfeasor because Congress never intended to treat a settlement trust fund as payments from a primary insurer under the MSP. We believe there may be force to Fanning’s argument. However, the government’s basis for seeking MSP reimbursement from the AcroMed settlement trust fund is that AcroMed is a “self-insured plan” and is, therefore the primary payer under the MSP. Accordingly, the claim asserted in the amended class action complaint is wholly dependent upon determining whether or not AcroMed is a “self-insured plan” and therefore, a “primary plan” under the MSP. It is thus apparent that both the standing and the substantive basis for the claim asserted in the amended class action complaint are rooted in, and derived from, the Medicare Act. Consequently, the claim is one “arising under” the Medicare Act and the third sentence of § 405(h) therefore deprived the district court of federal question jurisdiction. The AcroMed class settlement plaintiffs are thus required by § 405(h), as interpreted by Salfi, Ringer, and Illinois Council,' to channel their claim through the agency.”
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.