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No. 3:14-cv-01230 (D.Conn.), filed August 26, 2014

Issue: Whether the consistent failure of administrative law judges (ALJs) to issue decisions within 90 days of the request for ALJ review (with an average delay now approaching 500 days) violates the Medicare statute and the Due Process Clause.

Relief sought: Declaratory and injunctive relief prohibiting the Secretary from not ensuring that ALJ decisions are issued within 90 days of the request for review, as the statute expressly requires.

Updated: November 12, 2014

Status: The complaint was filed on August 26, 2014, and plaintiffs' motion for certification of a nationwide class was filed the following week.  As a related case and at plaintiffs' request, the case was assigned to the same judge who is handling the "denial rate case" (Hull).  The class motion was fully briefed by November 10.  The Secretary filed a motion to dismiss on November 17.

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