Legal Update – February 11, 2021

On February 3, 2021, the United States Supreme Court ruled in favor of a railroad worker appealing the denial of disability benefits by the U.S. Railroad Retirement Board [“Board”].  In a 6-3 decision in which Chief Justice Roberts and Justice Kavanaugh joined the more liberal Justices, the Court held that when the Board refuses to re-open a previous benefits determination, that denial is subject to judicial review.  This case also stands out from a broader constitutional perspective because it reasserts the federal judicial branch as a check on executive branch agency action, like the Board’s decision to refuse these disability benefits. The full opinion can be found at:

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