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L.N.P. EX REL. P.D.P. v. KIJAKAZI

No. 22-1187.

64 F.4th 577 (2023)

L.N.P., on his own behalf and on behalf of his dependent children P.D.P. and L.D.P., and on behalf of all others similarly situated, Plaintiff-Appellant, v. Kilolo KIJAKAZI, in her official capacity as Acting Commissioner of the Social Security Administration; Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 7, 2023.

Attorney(s) appearing for the Case

ARGUED: Cameron Reynolds Argetsinger, II , KELLEY DRYE & WARREN LLP, Washington, D.C., for Appellant. Hugham Chan , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. ON BRIEF: Ira T. Kasdan , KELLEY DRYE & WARREN LLP, Washington, D.C., for Appellant. Jessica D. Aber , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Agee and Judge Quattlebaum joined.

This appeal addresses the question of whether an applicant for retirement benefits under the Social Security Act has satisfied the conditions necessary for excusing his failure to exhaust the administrative process required by 42 U.S.C. § 405(g) when challenging the calculation of the benefits that he received.

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