Disabled Senior Citizen Wins Again
Over Medicare Lawyers
She wins fight against controversial
effort by Medicare to refuse care if you are not improving
Original report by Susan Jaffe, Kaiser Health
30, 2014 – I’ll bet lawyers for Medicare hate to walk into a courtroom
and see Glenda Jimmo, 78, sitting at the plaintiff’s table. The disabled
senior with serious health problems, who successfully challenged
Medicare for denying her home health care coverage, has racked up
another win against the government. In the latest case, Medicare refused
to pay for her care because she was not improving - the same issue she
won in the first lawsuit.
She argued in her
latest federal challenge
filed in June that Medicare should have paid for the nursing care and
other skilled services she received at her home during 2007. On
Wednesday, Medicare officials agreed, invalidating an April ruling that
she was not entitled to coverage because her condition had stabilized
and she was not improving.
27, 2014 - A 78-year-old Vermont mother of four who helped change
Medicare coverage for millions of other seniors is still fighting to
persuade the government to pay for her own care. Glenda Jimmo,
who is legally blind and has a partially amputated leg due to
complications from diabetes, was the lead plaintiff in a 2011
class-action lawsuit seeking to broaden Medicare’s criteria for
covering physical therapy and other care delivered by skilled
“I won,” said Jimmo, who is receiving rehab therapy
at a Vermont nursing home and hopes to return home soon. “I’m very
pleased. It makes me feel America is still in good shape.”
The settlement doesn’t mention that Jimmo was the
lead plaintiff in a 2011 class-action lawsuit seeking to eliminate the
so-called “improvement standard” as a criteria for Medicare coverage.
2012 settlement that bears her name, the government agreed
that improvement was not required and allowed many Medicare
beneficiaries with chronic conditions and disabilities to appeal claims
that had been denied because they were unlikely to get better. Jimmo is
legally blind and has a partially amputated leg due to complications
“This should give hope to other people who are
going through the Medicare appeals process,” said Judith Stein,
executive director of the Center for Medicare Advocacy,
which filed the original class action
lawsuit with Vermont Legal Aid and negotiated both
“It’s helpful to know that people will get a fair
shot for an appeal because if Mrs. Jimmo couldn’t, who could?”
After the 2012 settlement, Jimmo was one of the
first seniors to seek a review. But Medicare’s highest appeals panel,
the Medicare Appeals Council, upheld the original denial of her claims
in April. Her attorneys went back to federal court, claiming the panel
did not follow the principles laid out in the settlement.
Medicare officials agreed Wednesday that the
Medicare Appeals Council’s denial “shall have no remaining force or
effect.” Medicare will now pay Jimmo’s home health agency nearly
$12,000, as well as her attorney fees.
“Requiring improvement and denying coverage to
people with chronic conditions was a serious problem that has affected
many thousands of people for many, many years,” said her attorney
Michael Benvenuto, director of Vermont Legal Aid’s Medicare Advocacy
Medicare officials declined to comment on
You may be eligible for money damages if you owned or leased one of these VW, Porsche or Audi vehicles.
In the major scandal of 2015, Volkswagen cheated you and the world. They rigged diesel emission controls so you, nor regulators, would know how much pollution their cars were adding to our environment.
They were caught and have reserved $7.3 billion to help "make it right" with victims.
If you owned or leased one of these vehicles, contact us now.
Janicek Law attorneys are actively pursuing these cases against VW. Do Not Wait...