Circuit Split Widens On Bankruptcy Jurisdiction In SSA Claims

Law360 (June 27, 2019, 2:38 PM EDT) -- May a bankruptcy court exercise jurisdiction over a claim or issue arising under the Social Security Act, such as the termination of a provider agreement for Medicare or an overpayment determination? The answer to this question may mean the difference between a speedy hearing in front of a bankruptcy court or a four-stage administrative appeals process that may take years to conclude.[1] 

In the May 10, 2019, ruling Benjamin v. United States of America, Social Security Administration (In re Benjamin),[2] the United States Court of Appeals for the Fifth Circuit has breathed new life into a circuit split by joining the...

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