KIRK v. COMMISSIONER OF SOCIAL SECURITY ADMIN.

Nos. 19-1989, 19-2028.

987 F.3d 314 (2021)

Gary KIRK, Plaintiff-Appellee, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant-Appellant. Larry Kermit Taylor, Plaintiff-Appellant, v. Andrew Saul, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2021.


Attorney(s) appearing for the Case

ARGUED: Thomas Gary Pulham , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant Commissioner of Social Security Administration and Appellee Andrew Saul. Alexandra Tucker Stewart , WILMERHALE LLP, Washington, D.C., for Appellee Gary Kirk and Appellant Gary Taylor. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; A. Lance Crick , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellant Commissioner of Social Security and Appellee Andrew Saul. Ned Barry Pillersdorf , PILLERSDORF, DEROSSETT & LANE, Prestonburg, Kentucky; John M. Leiter , LAW OFFICES OF JOHN M. LEITER, PA, Myrtle Beach, South Carolina; Wolodymyr Cybriwsky , Prestonburg, Kentucky, for Appellee Gary Kirk. Daniel S. Volchok , Aprit K. Garg , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Appellee Gary Kirk and Appellant Larry Taylor.

19-1989 affirmed, and 19-2028 reversed by published opinion. Judge Wynn wrote the opinion, in which Judge Harris joined. Judge Quattlebaum wrote a dissenting opinion.


Plaintiffs Gary Kirk and Larry Taylor are former recipients of Social Security disability benefits and former clients of Eric Conn, an attorney who orchestrated one of the largest fraud schemes in the history of the Social Security Administration ("SSA").

In 2015, SSA redetermined the benefits eligibility of 1,787 individuals...

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