Steigerwald v. Berryhill Website

Steigerwald v. Berryhill

Thank you for visiting this website about the class action lawsuit called “Steigerwald v. Berryhill,” Case No. 1:17-CV-1516, currently pending in the United States District Court for the Northern District of Ohio.  The Plaintiffs in this case are Stephanie Lynn Steigerwald and all members of the Class.  The Defendants in this case are the Social Security Administration and Nancy A. Berryhill, in her official capacity as Acting Commissioner of the Social Security Administration.

This website contains important information about the lawsuit, which may be accessed as follows:

 -- To read the Notice that the Court approved to send to Class Members, click on the “Notice” tab.  Among other important information, the Notice contains the definition of the Class certified by the Court in this case.

 -- To read specific Orders that the Court has issued in this case, including in: (i) denying Defendants’ Motion to Dismiss the Class Action Complaint, (ii) granting class certification and appointing Class Counsel, and (iii) ruling on Plaintiff's Proposed Notice to Class Members and Notice Procedures, click on the “Court Orders” tab. 

Additional Orders, are posted below and in the “Court Orders” section on this website.

Court Opinion and Order and Judgment dated January 25, 2019 - To read Judge Gwin’s January 25, 2019 Opinion and Order Granting and Entering Summary Judgment in favor of the Plaintiffs, please click here.

Court Opinion and Order dated April 1, 2019.  The Court’s Opinion Orders the Social Security Administration to Perform the Subtraction Recalculation within 8 Months of January 25, 2019. To read Judge Gwin’s April 1, 2019 Opinion and Order Granting Defendant’s Motion to Amend Judgment, please click here.  

Class Counsel Filed a Notice with the Court on March 27, 2019. The Notice updates the Court on communications between Class Counsel and counsel for the Defendants regarding the Subtraction Recalculations ordered by the Court for SSA to perform. The Notice can be found here.

Defendants Filed a Notice with the Court on April 2, 2019 in Response to Class Counsel’s March 27, 2019 Notice. Defendant’s Notice can be found here.

Defendants’ filed their first Court ordered Status Report on April 25, 2019.  The Status Report can be found here

Update – Defendants’ filed their second Court ordered Status Report on May 9, 2019.  The Status Report can be found here

Update – Plaintiffs filed a Motion to Clarify or, in the Alternative, Enforce Judgment on May 1, 2019. The Motion and Memorandum can be found here. Supporting documents can be found here.

Update – Defendants filed an Opposition to the Motion on May 16, 2019. The Opposition can be found here. Supporting documents can be found here.

On April 4, 2019, the Court held a hearing on Class Counsel’s Motion for FeesTo read the Motion for Fees and supporting documents, please click here.

On April 5, 2019, the Court issued an Order following the Fee Hearing.  To read the Order, please click here

Update – Class Counsel Filed its Supplemental Memorandum in Support of its Fee Motion on May 9, 2019. To read the Supplemental Memorandum and Supporting Documents, please click here.

Update – Class Counsel Filed a Notice of Correction on May 13, 2019. The Notice of Correction can be found here.

Update – Defendants Filed their Supplemental Memorandum in Opposition to Class Counsel’s Fee Motion on May 9, 2019. To read Defendants’ Supplemental Memorandum, please click here. (Note: redactions have been made where the Agency quoted confidential material)

Class Counsel has filed a Motion requesting an award of attorneys’ fees in the amount of twenty percent (20%) of each individual Class Member’s past-due benefits paid or due to be paid to each Class Member as a result of this case (including but not limited to heirs, and all others receiving benefits as a result of this case). If you have any comment or objection to Class Counsel’s Motion for Fees, please send it, by letter, to:

United States District Court

For the Northern District of Ohio

Clerk of the Court

Re: Steigerwald v. Berryhill, Case No. 17-cv-01516-JG

Carl B. Stokes United States Court House

801 West Superior Avenue

Cleveland, Ohio 44113-1838

With a copy to:

Ira T. Kasdan, Class Counsel

Kelley Drye & Warren LLP

3050 K Street NW, Suite 400

Washington, DC 20007

To read the Motion, please click here.

-- To read the following Motions and the accompanying briefs in support or in opposition which have been filed by the parties in this case, click on the “Motions and Briefs” tab:

(i) Motion to Dismiss filed by Defendants, which was opposed by Plaintiff;     

 (ii) Motion for Summary Judgment filed by Plaintiff, which was opposed by Defendants;   

(iii) Motion for Class Certification filed by Plaintiff, which was opposed by Defendants; and

(iv) Plaintiffs’ Motion for Approval of Proposed Notice to Class Members and Notice Procedures, which was opposed by Defendants.

Additional motions and briefs may be posted after they are filed.

-- To read answers to Frequently Asked Questions about the case, click on the “FAQ” tab.