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Fee Shifting Possible in Medicare Reimbursement Hearings Even Where Government Does Not Make a Physical Appearance

The adversary can recover fees as long as the government parties merely "direct some purposeful advocacy at the decision-maker," which can be done in writing, the U.S. Court of Appeals for the Third Circuit held on April 20 in Handron v. Secretary Department of Health and Human Services, 10-1021.

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