Thursday, May 25th, 2017

2/7/2012 Appeals Court Upholds US District Court Opinion


It was with mixed emotion that we received the news that the US Court of Appeals upheld the US District Court opinion finding against Brian Hall and his co-plaintiffs.  Brian Hall wishes to not be enrolled in  Medicare, Part A, the Hospital Insurance.  Unfortunately, he and every other person who enrolls for their Social Security Retirement Benefits will be automatically enrolled in Medicare as a condition of receiving their retirement benefits.  Some retirees have sacrificed their Social Security benefits in order to avoid government medical benefits.

The majority opinion answered a question that was never asked.  They held that the plaintiffs could not revoke their entitlement.  This was never the plaintiffs’ objective, the plaintiffs wished to not avail themselves of their entitlement.  This is like a child who is entitled to a public education, but chooses instead a private education.  The child never loses the entitlement and would not want to.  People want more options, not fewer.

The good news is that the dissenting judge wrote a very clear opinion that did answer our question and gave us reason to believe that she would champion our cause if we should request a rehearing en banc (before the entire 11-judge panel).

We are, therefore, preparing to request a rehearing.

The full text of the opinion is here:

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