Thursday, March 29, 2007
The SSA moved for summary judgment and prevailed. Binder & Binder appealed. The Second Circuit remanded the case to the District Court for a determination of whether the Court had subject matter jurisdiction. The District Court found that it lacked jurisdiction because Binder & Binder's claim did not arise from the Social Security Act. The Second Circuit held that there was jurisdiction, that the SSA lacked the authority to demand back the payment made to Binder & Binder and vacated the judgment of the District Court and remanded.
The decision in Binder & Binder v. Barnhart can be found here.