Jonathan Bloom v. Burwell, 5:16-cv-00121-gwc (D.Vt. 2016)
16-15572
U.S. Department of Health and Human Services
OS/OGC/Region 1
Jonathan Bloom
302,488.13
Court
Null
EAJA fees were settled in this case as part of related Second Circuit litigation. However, the District Court had previously made finding that the Secretary's position in the litigation regarding non-coverage of Plaintiff's CGM was not substantially justified. (combine to case 19-00385)
The district court previously determined that the Secretary's litigating position with regard to non-coverage of CGMs was not substantially justified. In appeal of procedural rulings, the Second Circuit disagreed with the Secretary's arguments regarding the aggregation of claims. As a result, it was likely that plaintiff may be entitled to fees for entirety of litigation before both the district court and Second Circuit.