MITCHAEL v. COLVIN

No. 14-3220.

809 F.3d 1050 (2016)

Charles E. MITCHAEL, on behalf of himself and all others similarly situated; Michael Calvert, on behalf of himself and all others similarly situated; Wayne Herrod, on behalf of himself and all others similarly situated; Joyce Patton, on behalf of himself and all others similarly situated; Paul David Duvall, on behalf of himself and all others similarly situated; William S. Wombe, on behalf of himself and all others similarly situated; Donald H. Jones, on behalf of himself and all others similarly situated; Elmer E. McVay, on behalf of himself and all others similarly situated; Carl R. Moore, on behalf of himself and all others similarly situated Plaintiffs-Appellants. v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 13, 2016.


Attorney(s) appearing for the Case

Marshall Dale Evans , argued, Fayetteville, AR, ( E. Kent Hirsch , Springdale, AR, Christopher Heil , Lloyd W. Kitchens, III , Little Rock, AR, on the brief), for Plaintiffs-Appellants.

Sonia McNeil , argued, Alisa Beth Klein , on the brief, Washington, DC, for Defendant-Appellee.

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.


In the Eighth Circuit, dual status National Guard technicians who apply for Social Security benefits after February 3, 2011, are able to take advantage of our decision in Petersen v. Astrue, 633 F.3d 633 (8th Cir.2011) to avoid application of the Windfall Elimination Provision (WEP...

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