No. 09-cv-134-TUC-DCB (D.Ariz.), filed March 10, 2009

Updated: September 22, 2009

Issue: Whether the Secretary's aggressive methods for attempting to collect payments under his Medicare Secondary Payer (MSP) program, directed at beneficiaries and their attorneys, violates the Medicare statute and the Due Process Clause.

Relief sought: Declaratory and injunctive relief prohibiting defendant's MSP recovery practices, including termination of Social Security benefits before there has been resolution of an administrative appeal of the MSP claim or waiver of recovery request, and requiring attorneys to withhold liability proceeds from their clients.

Status: Defendant has moved to dismiss the amended complaint on a variety of grounds, including standing and a failure to exhaust.  The motion is pending.