Tuesday, February 22, 2022
SCOTUS Cert Grant on Equitable Tolling: Arellano v. McDonough
Today the Supreme Court granted certiorari in Arellano v. McDonough, which involves the effect of Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), on applications for veterans’ disability benefits. Here are the questions presented:
(1) Does Irwin’s rebuttable presumption of equitable tolling apply to the one-year 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?
You can find the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.