Supreme Court of the United States · Official docket →
Adolfo R. Arellano v. Denis R. McDonough, Secretary of Veterans Affairs
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1073 · judgment June 17, 2021
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.
Question presented
Under 38 U.S.C. § 5110(b)(1), "[t]he effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release." (emphasis added.) Veterans who miss this one-year statutory deadline-even if because of a service-connected physical or mental impairment- are barred from recovering retroactive disability benefits reaching back to their date of discharge. In Irwin, this Court held that "the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States." Irwin v. Dep't of Veterans Affairs, 498 U.S. 89, 95-96 (1990). Despite this, an "equally divided" Federal Circuit held 6-6 that military veterans are categorically precluded from pursuing equitable tolling of § 5110(b)(1)'s one-year deadline, regardless of the facts and circumstances of their individual cases. The questions presented are: · (1) Does Irwin's rebuttable presumption of equitable tolling apply to the oneyear statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, has the Government rebutted that presumption? · (2) If 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, should this case be remanded so the agency can consider the particular facts and circumstances in the first instance?
Counsel of record
For petitioner
James R. Barney
Finnegan, Henderson, Farabow, Garrett & Dunner
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 6 merits
(6 supporting pet./neither)
Argument & decision
Argued October 4, 2022 — James R. Barney · Sopan Joshi. Audio and transcript
Decided January 23, 2023. Opinion by Barrett.
Proceedings
- Feb 27 2023Judgment issued.
- Jan 23 2023Adjudged to be AFFIRMED. Barrett, J., delivered the opinion for a unanimous Court.
- Oct 04 2022Argued. For petitioner: James R. Barney, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Aug 17 2022Reply of petitioner Adolfo R. Arellano filed. (Distributed)
- Jul 21 2022CIRCULATED
- Jul 19 2022The record from the U.S. Court of Appeals for Veterans Claims, has been electronically filed.
- Jul 18 2022Brief of respondent McDonough, Denis, Secretary of Veterans Affairs filed.
- Jul 06 2022The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
- Jun 22 2022Record requested from the Federal Circuit.
- Jun 14 2022ARGUMENT SET FOR Tuesday, October, 4, 2022.
- May 20 2022Brief amici curiae of Military-Veterans Advocacy Inc. and Jewish War Veterans of the United States of America, Inc. filed.
- May 20 2022Brief amicus curiae of Constitutional Accountability Center filed.
- May 20 2022Brief amicus curiae of Federal Circuit Bar Association filed.
- May 20 2022Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
- May 20 2022Brief amici curiae of Edgewood Veterans, et al. filed.
- May 19 2022Brief amici curiae of Disabled American Veterans and Lee Kirby filed.
- May 13 2022Brief of petitioner Adolfo R. Arellano filed.
- May 02 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Apr 19 2022Motion to dispense with printing the joint appendix filed by petitioner Adolfo R. Arellano.
- Mar 22 2022Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2022. The time to file respondent's brief on the merits is extended to and including July 18, 2022.
- Mar 10 2022Motion of the parties for an extension of time to file the briefs on the merits filed.
- Feb 22 2022Petition GRANTED.
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
- Dec 30 2021Reply of petitioner Adolfo R. Arellano filed. (Distributed)
- Dec 22 2021Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
- Nov 10 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 22, 2021.
- Nov 09 2021Motion to extend the time to file a response from November 22, 2021 to December 22, 2021, submitted to The Clerk.
- Oct 21 2021Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
- Oct 04 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
- Oct 01 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
- Sep 17 2021Petition for a writ of certiorari filed. (Response due October 21, 2021)