Pitt v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Pitt v. Department of Health & Rehabilitative Services

695 So. 2d 1311, 1997 Fla. App. LEXIS 7569, 1997 WL 361438

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1997

DocketNo. 96-3899

StatusPublished

This text of 695 So. 2d 1311 (Pitt v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pitt v. Department of Health & Rehabilitative Services, 695 So. 2d 1311, 1997 Fla. App. LEXIS 7569, 1997 WL 361438 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

We reverse the denial of Medicaid benefits to appellant Frank Pitt, because the hearing officer’s reasons for rejecting the opinions of Pitt’s treating physicians are unsupported by the record, and the contrary reports of physicians who did not examine Pitt cannot constitute good cause for rejecting the treating physicians’ opinions. See Lamb v. Bowen, 847 F.2d 698, 703 (11th Cir.1988); Sharfarz v. Bowen, 825 F.2d 278, 279-80 (11th Cir. 1987); Broughton v. Heckler, 776 F.2d 960, 961-62 (11th Cir.1985); Spencer ex rel. Spencer v. Heckler, 765 F.2d 1090, 1093-94 (11th Cir.1985).

REVERSED and REMANDED with directions to award Medicaid benefits to Pitt. See, e.g., Spencer ex rel. Spencer.

ERVIN and BENTON, JJ., and SMITH, Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse the denial of Medicaid benefits to appellant Frank Pitt, because the hearing officer’s reasons for rejecting the opinions of Pitt’s treating physicians are unsupported by the record, and the contrary reports of physicians who did not examine Pitt cannot constitute good cause for rejecting the treating physicians’ opinions. See Lamb v. Bowen, 847 F.2d 698, 703 (11th Cir.1988); Sharfarz v. Bowen, 825 F.2d 278, 279-80 (11th Cir. 1987); Broughton v. Heckler, 776 F.2d 960, 961-62 (11th Cir.1985); Spencer ex rel. Spencer v. Heckler, 765 F.2d 1090, 1093-94 (11th Cir.1985).

REVERSED and REMANDED with directions to award Medicaid benefits to Pitt. See, e.g., Spencer ex rel. Spencer.

ERVIN and BENTON, JJ., and SMITH, Senior Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

695 So. 2d 1311, 1997 Fla. App. LEXIS 7569, 1997 WL 361438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitt-v-department-of-health-rehabilitative-services-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack