Counsel’s Corner

People With Disabilities Foundation (PWDF) Files Petition for Writ of Certiorari in Medicare Case with US Supreme Court

By: Steven Bruce, PWDF Legal Director

Earlier this year, we reported that PWDF had filed a Medicare case appeal in the Ninth Circuit U.S. Court of Appeals (9th Circuit) against U.S. Department of Health and Human Services (HHS), Blue Shield and Envision insurance carriers. This case arose when the insurance companies and HHS denied beneficiary’s coverage for a medication used to treat wasting syndrome as a symptom of lipodystrophy because claimant does not have another unrelated disease (HIV) and failed to provide access to the medical compendia used as the basis for the denials. In October 2020, the 9th Circuit affirmed the District Court’s decisions in favor of HHS and the insurance companies.

PWDF continues to believe that denying coverage under these conditions discriminates against claimant based on disability (non HIV lipodystrophy) and violates claimant’s constitutional due process rights by basing the decision on an irrational basis. Therefore, in November, we filed a petition for a writ of certiorari with the US Supreme Court, asking them to review these issues. See link below for a copy of the petition and the lower courts’ decisions.

Read Brief Here:

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE and Commission of Rehabilitation Counselor Certification.