Hall v. Sebelius

Seniors who wish to withdraw from Medicare Part A can only do so by withdrawing from Social Security and repaying retirement benefits, ruled U.S. District Judge Rosemary Collyer. Plaintiffs Brian Hall, John Kraus, and former House Majority Leader Dick Armey are challenging a a Clinton Administration rule that bars them from keeping coverage they prefer to Medicare. The Obama Administration filed a motion to dismiss on the grounds that plaintiffs had failed to exhaust administrative remedies. The judge rejected it, noting that one plaintiff had sought an administrative hearing but had received no response from the Social Security Administration for 3 years; such a remedy is "futile," she said.

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