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STEIGERWALD v. COM'R OF SOCIAL SEC.

No. 21-3023.

48 F.4th 632 (2022)

Stephanie L. STEIGERWALD, Plaintiff-Appellee, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2022.

Attorney(s) appearing for the Case

ARGUED: Dennis Fan , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. William Escobar , KELLEY, DRYE & WARREN LLP, New York, New York, for Appellee. ON BRIEF: Dennis Fan , Charles W. Scarborough , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. John H. Ressler , ROOSE & RESSLER, Lorain, Ohio, Ira T. Kasdan , Bezalel A. Stern , KELLEY, DRYE & WARREN LLP, Washington, D.C., Joseph A. Boyle , KELLEY DRYE & WARREN LLP, Parsippany, New Jersey, for Appellee. Neil H. Good , THE GOOD LAW GROUP, Palatine, Illinois, for Amicus Curiae.

MOORE, Circuit Judge, delivered the opinion of the court in which DONALD, Circuit Judge, joined. KETHLEDGE, Circuit Judge (pp. 643-45), delivered a separate dissenting opinion.

OPINION

The Social Security Administration (SSA) failed to perform a statutorily obligated duty to pay claimants the total amount of benefits to which they are entitled. To ensure that claimants receive the entirety of these benefits, Congress enacted two provisions in the Social Security Act: a judicial...

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