Defendant's Attorney: Franco Luciano Becia and Joseph John Langkamer

Description: Tacoma, Washington social security disability lawyer represented the Plaintiff who sued the Defendants on a Social Security: RSI Tax Suit theory.

An RSI tax suit is a legal action filed against the Commissioner of Social Security Administration (SSA) regarding the denial of Social Security benefits. RSI stands for "reduction, suspension, or termination of benefits."

Who Can File an RSI Tax Suit?

Individuals whose Social Security benefits have been reduced, suspended, or terminated due to work activity or income can file an RSI tax suit. This includes those who receive:

Retirement benefits: Old-Age Insurance Benefits (OASDI)
Survivors benefits: Survivor's Insurance Benefits (SIB)
Disability benefits: Disability Insurance Benefits (DIB)

What are the Grounds for Filing an RSI Tax Suit?

There are several grounds for filing an RSI tax suit, including:

Improper determination of work activity: The SSA may have made an incorrect determination about your work activity or income, leading to a wrongful reduction or termination of benefits.
Failure to consider all relevant evidence: The SSA may have failed to consider all relevant evidence in their decision, such as medical records or vocational assessments.
Misinterpretation of law or regulations: The SSA may have misapplied or misinterpreted the laws and regulations governing RSI cases.
Procedural errors: The SSA may have made errors during the administrative review process, such as failing to provide adequate notice or failing to consider your appeal properly.

How to File an RSI Tax Suit:

To file an RSI tax suit, you must first file a Request for Reconsideration with the SSA. If your request is denied, you can then file a Request for a Hearing before an Administrative Law Judge (ALJ). If the ALJ's decision is also unfavorable, you can file an appeal with the Appeals Council. If the Appeals Council upholds the ALJ's decision, you can then file a lawsuit in federal district court.

What are the Benefits of Filing an RSI Tax Suit?

If you are successful in your RSI tax suit, you may be entitled to:

Reinstatement of your Social Security benefits
Back pay for benefits that were wrongfully withheld
Attorney's fees

Important Considerations:

Filing an RSI tax suit can be a complex process. It is important to consult with an attorney who specializes in Social Security law to discuss your specific case and determine whether you have a valid claim.

Here are some additional resources that you may find helpful:

Social Security Administration (SSA) RSI Tax Suits page:https://www.ssa.gov/retirement
National Center for Disability Law (NCDL) RSI Tax Suits page:https://disabilityrightsnc.org/
American Bar Association (ABA) Commission on Disability Rights RSI Tax Suits page:https://www.americanbar.org/groups/diversity/disabilityrights/

Outcome: 12/08/2023 10 ORDER granting 9 Stipulated Motion for Remand, signed by Magistrate Judge Grady J Leupold. (KAM) (Entered: 12/08/2023)
12/08/2023 11 JUDGMENT BY COURT in favor of John Allen Nelson and against Commissioner of Social Security. (KAM) (Entered: 12/08/2023)

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Defendant's Experts:

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