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In re Barrett
(SSA Office of Hearings & App. Oct. 30, 1998). ; Clearinghouse Number: 52339
Description
Leg Amputee Entitled to Medicare for Skilled Nursing Care
Abstract
The administrative law judge (ALJ) held that Medicare should cover
the cost of the skilled nursing services that claimant received
after losing her leg. Claimant, a 75-year-old woman with
cardiovascular disease, was placed in a nursing home after her left
leg was amputated. Two weeks later her physical and occupational
therapy was ended on the recommendation of her therapists, and the
insurer decertified claimant for Medicare coverage. Claimant
remained in the nursing home for an additional two weeks and was
later discharged to an adult family home. At the administrative
hearing, the medical expert testified that claimant had very
serious limitations during the coverage period in question. The
medical expert opined that physical therapy was warranted for
improved mobility and transfer functioning. After
considering—as required by the Medicare regulations—the
totality of claimant’s condition, the ALJ concluded that
skilled services were necessary. The ALJ rejected the insurance
provider’s argument that claimant’s condition following
her discharge from the nursing home was not relevant; to the
contrary, the need for physical therapy following discharge showed
that she needed physical therapy while in the nursing home.
Additional Information
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