United States DC Circuit

In an action seeking to retain plaintiffs' mistaken refunds of their Medicare premiums, dismissal of the action is affirmed where the Social Security statute allowed waiver from recovery of overpaid Social Security benefits, not waiver from recovery of mistaken Medicare Part D premium refunds.

Appellate Information

• Argued 02/15/2010
• Decided 06/18/2010
• Published 06/18/2010

Judges

• Before HENDERSON and KAVANAUGH, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gill Deford argued the cause for appellants. With him on the briefs were Judith Stein, Brad S. Plebani, Wey-Wey Kwok, Vicki Gottlich, and Patricia B. Nemore.


• For Appellees:
  
• Daniel Tenny, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West, Assistant Attorney General, Channing D. Phillips, Acting United States Attorney, Mark B. Stern and Alisa B. Klein, Attorneys, David S. Cade, Acting General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman, Associate General Counsel, Mark D. Polston, Deputy Associate General Counsel, Lawrence J. Harder and Marcus H. Christ, Supervisory Trial Attorneys, David Black, General Counsel, Social Security Administration, Thomas Crawley, Deputy General Counsel, Gwenda Jones Kelley, Associate General Counsel, Jeff Blair, Deputy General Counsel, and Eileen Farmer, Attorney.