Christopher Matthew Thierry v. U.S. Secretary of Health and Human Services

Summary

This Memorandum and Recommendation addresses the defendant’s motion to dismiss a Medicare-benefits action for lack of subject matter jurisdiction. The court recommends dismissal without prejudice because the plaintiff failed to timely request an administrative-law-judge hearing and therefore did not obtain a final decision subject to judicial review. It also concludes that the plaintiff’s claim falls below the Medicare Act’s applicable $1,900 jurisdictional amount-in-controversy minimum.

Holdings

1. The court recommended dismissal for lack of subject matter jurisdiction because Plaintiff's untimely ALJ-hearing request resulted in no hearing and no final decision subject to judicial review under 42 U.S.C. § 405(g).
2. The court recommended dismissal because Plaintiff's claimed reimbursement amount of $1,771.90 was below the $1,900 jurisdictional minimum applicable to requests for judicial review filed on or after January 1, 2025.

Questions Presented

1. Whether the court had subject matter jurisdiction when Plaintiff failed to timely request an ALJ hearing and therefore did not obtain a final decision made after a hearing.
2. Whether the Medicare claim satisfied the statutory minimum amount in controversy for judicial review.

Disposition

dismissed