On October 3, 2022, Finnegan partner James Barney will argue before the Supreme Court of the United States on behalf of a Navy veteran seeking to recover retroactive disability benefits dating back to his date of discharge. One of the few veterans pro bono cases to reach the Supreme Court, the case involves the key issue of equitable tolling, which states that “a statute of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration of the limitations period.” The decision has the potential to impact thousands of veterans in long and hard-fought cases over disability benefits. Law.com’s Supreme Court Brief interviewed James as he prepared for arguments.
James said it all comes down to the Irwin v. Dept. of Veterans Affairs case, a decision that was handed down over 30 years ago. The decision stated that if equitable tolling is available to certain types of time limits in cases against private parties, then it should be available in cases against the government unless the government can prove otherwise. James said, “When you look at the timing provision in this statute, it seems to fall into that bucket [for private parties]. For some reason it’s been deemed unavailable to veterans, which is unfair. If anything, the doctrine should be even more available to veterans than less.”
