Erringer v. Thompson

371 F.3d 625 Christopher T. ERRINGER; Lawrence Corcoran; Ethel W. Vestal, by her husband and next friend, William A. Vestal; Valerie Lavaque, James Robertson, and Lillian Legier, on behalf of themselves and a class of persons similarly situated, Plaintiffs-Appellants, v. Tommy THOMPSON, Secretary of Health and Human Services, Defendant-Appellee. No. 03-16408. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 2004. Filed June 10, 2004. COPYRIGHT MATERIAL OMITTED Sally Hart, Arizona Center for Disability Law, Tucson, AZ, for the plaintiffs-appellants. Ori Lev, Civil Division, Department of Justice, Washington, DC, for the defendant-appellee. Appeal from the United States District Court for the District of Arizona, Bernardo P. Velasco, Magistrate Judge, Presiding. * D.C. No. CV-01-00112-BPV. Before: O'SCANNLAIN, SILER, ** and HAWKINS, Circuit Judges. MICHAEL DALY HAWKINS, Circuit Judge. 1 A class of Medicare beneficiaries ("the Beneficiaries"), whose claims for coverage of their health care services were denied based on Local Coverage Determinations ("LCDs"), 1 challenge rules issued by the Secretary of Health and Human Services (the "Secretary") which give…