Steigerwald v. Berryhill Website

Steigerwald v. Berryhill

#mce_temp_url#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.  

The Social Security Administration has appealed Judge Gwin’s Opinion and Order granting Summary Judgment to the Plaintiff Class and Judge Gwin’s Order requiring the Social Security Administration to perform the Subtraction Recalculations for the Class Members by September 25, 2019. The Social Security Administration’s Notice of Appeal can be found here.

On August 6, 2019, the Sixth Circuit granted a joint motion staying all briefing in the case. A copy of the Order can be found here.

On July 23, 2019, the Sixth Circuit granted Defendants’ Motion to Stay the District Court’s Deadline. The Sixth Circuit Ordered that the Commissioner of Social Security “shall continue to recalculate the benefits owed and file regular status reports with the district court establishing his efforts to expeditiously complete the recalculations within his self-imposed two-year period.”  The Order granting Defendants’ Motion to Stay can be found here.

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.

The Social Security Administration Filed a Brief Regarding Settlement on June 25, 2019. The Brief can be found here

Plaintiffs Filed a Brief Regarding Settlement on July 1, 2019. The Brief can be found here

The Court Held a Status Conference on June 12, 2019. A transcript of the Status Conference can be found 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

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

Defendants’ filed their third Court ordered Status Report on May 23, 2019.  The Status Report can be found here.

Defendants’ filed their fourth Court ordered Status Report on June 6, 2019.  The Status Report can be found here.

Defendants’ filed their fifth Court ordered Status Report on June 20, 2019.  The Status Report can be found here.

Defendants’ filed their sixth Court ordered Status Report on July 3, 2019.  The Status Report can be found here.

Defendants’ filed their seventh Court ordered Status Report on July 18, 2019.  The Status Report can be found here.

Defendants’ filed their eighth Court ordered Status Report on August 1, 2019.  The Status Report can be found here.

Defendants’ filed their ninth Court ordered Status Report on August 15, 2019.  The Status Report can be found here.

Defendants’ filed their tenth Court ordered Status Report on August 29, 2019.  The Status Report can be found here.

Defendants’ filed their eleventh Court ordered Status Report on September 12, 2019.  The Status Report can be found here.

Defendants’ filed their twelfth Court ordered Status Report on September 26, 2019.  The Status Report can be found here.

Defendants’ filed their thirteenth Court ordered Status Report on October 10, 2019.  The Status Report can be found here.

Update – Defendants’ filed their fourteenth Court ordered Status Report on October 24, 2019.  The Status Report can be found here.

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.

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

Plaintiffs filed a Reply in Support of the Motion on May 22, 2019. The Reply can be found here. 

The Social Security Administration filed a Motion to Stay the Court’s April 1, 2019 Order Pending Appeal on June 10, 2019. The Motion can be found here.

Plaintiffs have filed an Opposition to SSA’s Motion to Stay the Court’s April 1, 2019 Order Pending Appeal on June 20, 2019. The Opposition 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

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.

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

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.