No. 22-6093

Steven L. London v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-11-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights cushman-v-shinseki disability-claims due-process government-liability property-rights retroactive-benefits statutory-deadline veterans-benefits
Latest Conference: 2023-03-17 (distributed 2 times)
Question Presented (from Petition)

(1) Does Cushman's determination of the constitutional duty to protect a veteran's property rights apply to the six-year statutory deadline in 31 U.S.C. § 3702(b) for seeking retroactive benefits, and, if so, are the Government's challenged actions lawful?

(2) Because 31 U.S.C. § 3702(b) limits retroactive benefits to a six-year statutory deadline, to what extent is the Government liable for avoidable damages resulting from its actions prior to and following the expiration of the statutory deadline.

Question Presented (AI Summary)

Does Cushman's determination of the constitutional duty to protect a veteran's property rights apply to the six-year statutory deadline in 31 U.S.C. § 3702(b) for seeking retroactive benefits, and, if so, are the Government's challenged actions lawful?

Docket Entries

2023-03-20
Rehearing DENIED.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-01-23
Petition for Rehearing filed.
2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of right of respondent McDonough, Denis to respond filed.
2022-11-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)

Attorneys

McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Steven London
Steven L. London — Petitioner