ALJ hearing delay - small claims court
Stephan Manucharian
Description
Collection
Title:
ALJ hearing delay - small claims court
Creator:
Stephan Manucharian
Date:
1/29/2014
Text:
Hello List!
I am wondering if there are legal grounds for us to file claims in Small
Claims Court based on the fact that Medicare clearly violated our right to
speedy ALJ appeal. Certainly I understand that each jurisdiction has
different limits for small claims. Here in New York City it is $5000 and I
believe they allow up to 5 commercial claims per year. So, it will be
insufficient to handle high ticket items like C-Legs, etc, but I am sure
each of us have a few claims that would fit in this category. I would
request hearing by judge and demand that Medicare vacates its decision on
audit solely based on the violation of their own rules and regulation
regarding the right to appeal. Imagine, if all of us file 5 such claims in
various courts? This will create a precedent and further jam the broken
system, thus, hopefully leading to a favorable resolution. Am I crazy? Your
thoughts?
Stephan
*Dr. Stephan R. Manucharian, CP, BOCO, LP(NJ), FAAOP*
*Doctor of Health Science Clinical DirectorOrthopedic Arts Laboratory,
Inc.141 Atlantic Ave., Brooklyn, NY 11201718-858-2400; Fax:
718-858-9258; <URL Redacted> < <URL Redacted>>
The content of this communication is for exclusive use of the addressee and
may contain confidential, privileged and non-disclosable information. If
the recipient of this communication is not the addressee, such recipient is
strictly prohibited from printing, photocopying, saving on any media,
distributing or otherwise using the information contained herein. If you
received this communication in error, please contact the sender by e-mail,
fax or telephone and destroy this document. *
I am wondering if there are legal grounds for us to file claims in Small
Claims Court based on the fact that Medicare clearly violated our right to
speedy ALJ appeal. Certainly I understand that each jurisdiction has
different limits for small claims. Here in New York City it is $5000 and I
believe they allow up to 5 commercial claims per year. So, it will be
insufficient to handle high ticket items like C-Legs, etc, but I am sure
each of us have a few claims that would fit in this category. I would
request hearing by judge and demand that Medicare vacates its decision on
audit solely based on the violation of their own rules and regulation
regarding the right to appeal. Imagine, if all of us file 5 such claims in
various courts? This will create a precedent and further jam the broken
system, thus, hopefully leading to a favorable resolution. Am I crazy? Your
thoughts?
Stephan
*Dr. Stephan R. Manucharian, CP, BOCO, LP(NJ), FAAOP*
*Doctor of Health Science Clinical DirectorOrthopedic Arts Laboratory,
Inc.141 Atlantic Ave., Brooklyn, NY 11201718-858-2400; Fax:
718-858-9258; <URL Redacted> < <URL Redacted>>
The content of this communication is for exclusive use of the addressee and
may contain confidential, privileged and non-disclosable information. If
the recipient of this communication is not the addressee, such recipient is
strictly prohibited from printing, photocopying, saving on any media,
distributing or otherwise using the information contained herein. If you
received this communication in error, please contact the sender by e-mail,
fax or telephone and destroy this document. *
Citation
Stephan Manucharian, “ALJ hearing delay - small claims court,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 1, 2024, https://library.drfop.org/items/show/235919.
