Thursday, October 29, 2009

U.S. Concedes Surviving Spouse Claim, Sharp v. U.S.

Full Article at: U.S. Concedes Retroactive Payment of Benefits for Military Surviving Spouses
WASHINGTON--(Business Wire)--
In another significant pro bonovictory for Weil Gotshal, the Department of
Defense has announced that there will be no more appeals in the case of Sharp v.
United States, allowing the plaintiffs - three military widows - and all
similarly situated surviving spouses to receive the death and insurance benefits
to which they were entitled
.

The concession by the U.S. comes on the heels of the August 27, 2009 ruling in
the Federal Circuit Court of Appeals in favor of Weil Gotshal clients Patricia
Sharp, Margaret Haverkamp and Iva Rogers, widows of distinguished servicemen.
With the help of Weil`s team, the women challenged the Department of Defense`s
long-standing interpretation of the Survivor Benefit Plan (SBP) and the
Dependency and Indemnity Compensation program, arguing that the government had
refused hundreds of families their entitled benefits. The August victory secured
the continuation of full SBP annuity payments, repayment of any previously
refunded SBP premiums, and restoration of full SBP annuity payments for all
similarly situated surviving spouses, an amount projected to be over $35
million.

"It is an honor to work on behalf of the families who have dedicated their lives
to serve our country," said Edward Reines, lead attorney in this case. "This is
an important victory for not only our clients, but other widows of fallen
soldiers who will now receive the benefits that they deserve."

The Weil Gotshal team was led by partner Edward Reines (Silicon Valley), with
associates Michael Franzinger and Azra Hadzimehmedovic, assisted by paralegal
Anupama Chettri (all from the firm`s Washington, DC office). Associates Rip
Finst and Paul Ehrlich and summer associate Nicola Carah (Silicon Valley) made
valuable contributions to the effort as well."

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