No. 19-7346

Peggy Jean Clark v. Department of the Army, et al.

Lower Court: Fifth Circuit
Docketed: 2020-01-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-action-review administrative-law benefits-revocation due-process federal-circuit-court judicial-review military-benefits procedural-error property-rights retroactive-determination statutory-interpretation veterans-benefits
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether the Appeals Court err in its judgment affirming the retroactive revocation of benefits on the premise that the initial determination granting the benefits was done in error; in light of 10 U.S.C. §1084?

Question Presented (from Petition)

QUESTION PRESENTED Whether the Appeals Court err in its judgment affirming the retroactive revocation of benefits on the premise that the initial determination granting the benefits was done in error; in light of 10 U.S.C. §1084? Bowen v. Michigan Academy of Family Physicians, U.S. S. Ct. 476 U.S. 667 (1986). 1

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-20
Waiver of right of respondents Department of the Army to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2020)

Attorneys

Department of the Army
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Peggy Jean Clark
Peggy Jean Clark — Petitioner
Peggy Jean Clark — Petitioner