Friday, October 17th, 2008

Alaska Supreme Court: Pre-1977 PERS Retirees Can’t “Pick and Choose” Benefits

The Alaska Supreme Court has unanimously affirmed the PERS Board’s method of calculating benefits for State employees who took early retirement before 1977, returned to public work, and then re-retired.   The Court (per Winfree, with Matthews not participating) rejected the retirees’ (apparently self-styled) right to “pick and choose” among statutory provisions to obtain the best combination […]

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Friday, October 17th, 2008

DAlaska: EAJA and SSA Attorney Fee Awards

In a Social Security case, U. S. District Judge John Sedwick has awarded fees to a recipient’s attorney under the Equal Access to Justice Act at the rate of $166.46/hr.  The Commissioner didn’t oppose the motion.  Sedwick held that a parallel fee request under the Social Security Act itself was premature because the agency hasn’t […]

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