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Degnan v. Burwell

United States Court of Appeals, Eighth Circuit

August 25, 2014

Charles Degnan; Kenneth McCardle; Virginia Belford; Dale Erlandson, Individually and on behalf of a class, Plaintiffs - Appellants
v.
Sylvia Burwell, [1] Secretary of the Department of Health and Human Services; Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendants - Appellees

Submitted June 11, 2014

Petition for certiorari filed at, 11/24/2014

Page 806

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Charles Degnan, Kenneth McCardle, Virginia Belford, Dale Erlandson, Individually and on behalf of a class, Plaintiffs - Appellants: Charles A. Bird, Andrea Beth Niesen, Bird & Jacobsen, Rochester, MN; Seyed Masood Dehnavifar, James P. Ryan Jr., Ryan & Grinde, Rochester, MN; Stephanie Lovett-Bowman, Douglas M. Weems, Spencer & Fane, Kansas City, MO; Barry L. Pickens, Spencer & Fane, Overland Park, KS.

For Kathleen Sebelius, Secretary of the Department of Health and Human Services, Defendant - Appellee: Lucy Christine Lisiecki, Assistant Regional Counsel, U.S. Department of Health & Human Services, Chicago, IL; Friedrich Anson Paul Siekert, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN.

For Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendant - Appellee: Thomas W. Crawley, Social Security Administration, Office of General Counsel Region V, Chicago, IL; Friedrich Anson Paul Siekert, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN.

Before LOKEN, BEAM, and GRUENDER, Circuit Judges.

OPINION

Page 807

BEAM, Circuit Judge.

Charles Degnan, Kenneth McCardle, Virginia Belford, and Dale Erlandson appeal the district court's[2] dismissal of their amended complaint for lack of subject matter jurisdiction and mandamus jurisdiction based on their failure to exhaust administrative remedies. We affirm.

I. BACKGROUND

Degnan, along with the other named plaintiffs, filed this lawsuit in the United States District Court for the District of Minnesota against the Secretary of the Department of Health and Human Services (" the Secretary" and " DHHS" ) and the Commissioner of the Social Security Administration (" the Commissioner" and " SSA" ), on behalf of themselves and a class, alleging a miscalculation of their Medicare Part B premium calculations. " The Medicare Part B medical insurance program for the aged covers a part of the cost of certain physicians' services, home health care, outpatient physical therapy, and other medical and health care. . . . [I]t is financed in equal parts by the United States and by monthly premiums paid by individuals aged 65 or older who choose to enroll." Mathews v. Diaz, 426 U.S. 67, 70 n.1, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976); see 42 U.S.C. § 1395j. Medicare Part B premiums are calculated pursuant to 42 U.S.C. § 1395r. Plaintiffs' complaint alleged that the calculation of Part B premiums conflicted with the plain language of § § 1395r(b)[3] and 1395r(f),[4] resulting in their overpayment of premiums.

In 2008, Degnan pursued a similar claim, see Degnan v. Sebelius, 658 F.Supp.2d 969 (D. ...


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