Social Security Class Action Update: Judge Grants Final Judgment Motion in LNP v. Bisignano (April 2026)

Social Security Class Action Update April 2026: Judge Grants Final Judgment Motion in LNP v. Bisignano

By Steve Levine

Social Security class action LNP v Bisignano April 2026 update for children of early retirees

Published: April 28, 2026

Share

Key Takeaways

  • Judge Michael Nachmanoff granted plaintiffs' Motion to Enter Final Judgment in part and denied SSA's Motion for Summary Judgment at the March 13, 2026 hearing in LNP v. Bisignano, the Social Security family-maximum class action.
  • The case is now post-hearing, pre-final-judgment. The next docket deadline is April 27, 2026 (final notice certification by Class Counsel).
  • The class covers children who received child's insurance benefits on an early-retiree parent's record between May 10, 2024 and May 30, 2025. Opt-out deadlines for all three notice rounds have passed.
  • No claim form is required. If a final judgment is entered, SSA would automatically recalculate benefits and issue any back pay.
  • SSA has signaled it will likely appeal any final judgment, which could push back-pay payments by 12 to 24 months beyond the final order.
Status Final Judgment Motion Granted in Part SSA summary judgment denied; final notice certification due April 27, 2026
Next Deadline April 27, 2026 class counsel's final notice certification report
Estimated Payout Past-due child's insurance benefits amount per family depends on individual benefit calculation
Claim Form Not Required SSA would recalculate automatically if final judgment enters

What Is the Social Security Children's Benefits Class Action About?

The Social Security class action lawsuit known as L.N.P. v. Bisignano, Case No. 1:24-cv-01196 (E.D. Va.), is the federal lawsuit alleging that the Social Security Administration miscalculated child's insurance benefits for the children of early retirees by using the wrong number when applying the family maximum rule. The case is pending before U.S. District Judge Michael S. Nachmanoff in the United States District Court for the Eastern District of Virginia and is being prosecuted by Class Counsel Ira T. Kasdan and Damon W. Suden of Kelley Drye & Warren LLP on behalf of L.N.P., an Early Retiree, suing on behalf of his Eligible Children and all members of the certified class.

The dispute is technical but the financial stakes for affected families are real. Under SSA's family maximum rule, the agency caps the total benefits payable on a single worker's earnings record. The class action alleges that when an early retiree's family is subject to the cap, SSA used the Primary Insurance Amount (PIA), which reflects the benefit a worker would receive at full retirement age, as its starting point. Plaintiffs argue that SSA should have used the Retirement Insurance Benefit (RIB), which is the amount actually payable to the early retiree after the early-retirement reduction. The difference matters because using PIA instead of RIB pushes more of the family-maximum cap onto the children's auxiliary benefits, reducing what the children actually receive each month.

Where the Case Stands as of April 2026

The Social Security class action update most families have been waiting for has finally arrived. On March 13, 2026, Judge Nachmanoff held a motion hearing on the parties' cross-motions and ruled in open court. According to the official Minute Entry Order at ECF 161, plaintiffs' Motion to Enter Final Judgment was granted in part, and the Social Security Administration's Motion for Summary Judgment and in the Alternative for Stay was denied. Counsel Ira Kasdan and Damon Suden appeared for the class, and counsel Meghan Loftus, Kirstin O'Connor, and Mark Bolzman appeared for the government.

That ruling is the most significant procedural step the case has taken since class certification was granted in May 2025. The case has now moved out of the cross-motions phase and is in the post-hearing, pre-final-judgment phase, with the court positioned to enter a formal final judgment once the remaining notice certification work is complete. The next docket deadline is April 27, 2026, when Class Counsel must file a report certifying that the February 2026 supplemental notice was provided in accordance with the court's order and listing any individuals who timely excluded themselves from the class.

On April 8, 2026, the court entered a separate order at ECF 169 granting plaintiffs' Motion to Seal Exhibit A of the Fourth Status Report. Sealing the exhibit allows the names and identifying details of individual class members and opt-outs to remain confidential while the case moves toward final judgment, which is standard practice in cases of this size.

Social Security Class Action Timeline

Here is the full case timeline, from the initial class certification through the procedural step currently in progress and the next deadlines on the docket.

LNP v. Bisignano Case Timeline

  1. May 30, 2025
    Class certification granted in part
    Court certifies a class of children who received child's insurance benefits on an early-retiree parent's record between May 10, 2024 and May 30, 2025
  2. October 2025
    Initial class notice mailed
    Opt-out deadline December 1, 2025
  3. January 5, 2026
    Court approves supplemental notice plan
    Order at ECF 133 grants plaintiffs' consent motion for additional class notice
  4. January 14, 2026
    Plaintiffs file Motion to Enter Final Judgment
    ECF 137; class counsel pushes for resolution after months of SSA delay
  5. January 23, 2026
    Second supplemental notice mailed
    Opt-out deadline March 9, 2026
  6. February 17, 2026
    Telephonic status conference held
    Court directs additional notice work
  7. February 18, 2026
    Court approves second supplemental notice plan
    Order at ECF 152
  8. February 20, 2026
    Third supplemental notice mailed
    Opt-out deadline April 6, 2026
  9. March 9, 2026
    Opt-out deadline (January-notice class members)
    Final date for second-notice exclusion requests to be postmarked
  10. March 13, 2026
    Cross-motions hearing held; key ruling issued
    ECF 161 minute entry: plaintiffs' Motion to Enter Final Judgment granted in part; SSA's Motion for Summary Judgment denied
  11. March 30, 2026
    Plaintiffs file Fourth Status Report
    ECF 163; certifies notice efforts and lists timely opt-outs
  12. April 6, 2026
    Opt-out deadline (February-notice class members)
    Final date for third-notice exclusion requests to be postmarked
  13. April 8, 2026
    Court seals Exhibit A of Fourth Status Report
    Order at ECF 169 protects individual class member identifying details
  14. April 27, 2026
    Final notice certification due Current Phase
    Class Counsel must file report certifying February 2026 notice was provided and listing timely opt-outs
  15. After April 27, 2026 (expected)
    Court entry of final judgment
    Court positioned to enter a final order directing SSA to recalculate child's insurance benefits using RIB
  16. After final judgment (expected)
    SSA appellate review
    Government has signaled it will likely seek appellate review; back-pay benefits would not issue until appeals are resolved

What Was Decided at the March 13, 2026 Hearing?

The March 13, 2026 hearing was a cross-motion proceeding, meaning both sides asked Judge Nachmanoff to rule in their favor on dispositive issues. Plaintiffs asked the court to enter final judgment in favor of the class on the family-maximum miscalculation question. The Social Security Administration asked the court either to grant summary judgment in SSA's favor or, in the alternative, to stay the case pending some other proceeding.

The court's minute entry recording the ruling is short but consequential. Plaintiffs' Motion to Enter Final Judgment was granted in part. SSA's Motion for Summary Judgment and in the Alternative for Stay was denied. Translated out of legal jargon, the practical effect is that the court rejected SSA's main legal arguments and accepted that the case is ready to move toward a formal final judgment in favor of the class, with the remaining work being administrative (the final notice certification due April 27) rather than substantive.

For families wondering "did we win?", the most accurate answer is: the class won the procedural phase, but the case is not yet over. The court has not yet entered a final judgment, no benefits have been recalculated, and SSA has signaled it will likely appeal whatever final judgment is ultimately entered.

Who Qualifies for the Social Security Class Action for Children of Early Retirees?

The court certified a class defined as children who received child's insurance benefits on a parent's Social Security record where the parent retired early, during the time period of May 10, 2024 through May 30, 2025. Several specific groups are excluded from the class:

• Children who are not United States citizens.
• Children who are deceased.
• Eligible Children of an Early Retiree who ever had excess earnings during the relevant year.

If you received a class action notice in the mail addressed to the parent of a minor child receiving child's insurance benefits, your child is automatically a member of the class unless you opted out by the applicable deadline. The opt-out deadlines have now passed for all three rounds of class notice (December 1, 2025 for the original notice, March 9, 2026 for the January supplemental notice, and April 6, 2026 for the February supplemental notice).

Do I Need a Claim Form, Claim ID, or PIN to File for the Social Security Class Action?

No. Unlike most consumer class actions where members must submit a claim form to receive a payment, the Social Security class action does not require a claim form, a claim ID, a PIN, a notice ID, or any confirmation code. According to the official case FAQ at lnpclassaction.com, if you received a class notice in the mail and you did not opt out, your child is already a member of the class and there is nothing more you need to do.

That structure is unusual and worth explaining. In most settled class actions, the settlement fund is divided pro rata among class members who file timely claims. In this case, because SSA's records already identify the children of early retirees and the dollar amount each child was underpaid each month, no claim form is necessary. If the court enters a final judgment in favor of the class, the judgment will direct SSA to recalculate the family-maximum cap using the Retirement Insurance Benefit (RIB) instead of the Primary Insurance Amount (PIA), pay any past-due amounts owed, and adjust ongoing monthly benefits going forward. Families do not need to email Class Counsel, call Class Counsel, submit a claim, or send any additional information.

If past-due money benefits are eventually awarded, families will be notified separately about what to do, if anything, to obtain any money owed. The official case website and the official class notice are the only authoritative sources for those instructions.

How Much Could My Child Be Owed in Back Pay?

The honest answer is: it depends on the family. Because each family's child's insurance benefit is calculated separately and the underpayment is the difference between two formulas applied to that family's particular numbers, there is no single per-class-member figure. The factors that drive the individual back-pay amount include:

• The size of the parent's Primary Insurance Amount (PIA) and the corresponding Retirement Insurance Benefit (RIB) after the early-retirement reduction.
• The number of children who were receiving auxiliary benefits on the parent's record.
• How many months of underpayment accrued during the certified class period of May 10, 2024 through May 30, 2025.
• Whether the family's total benefits were actually capped by the family maximum, or whether the family was below the cap and not affected.

Some families will be owed only a few hundred dollars across the class period. Other families with multiple children and a larger PIA could be owed several thousand dollars in cumulative back pay. The exact figures will not be known until SSA recalculates each individual record after a final judgment is entered (assuming the case survives any appeal).

Will I Get a Check From the Social Security Class Action in 2026?

For most families, the honest answer is: not in 2026. Even if Judge Nachmanoff enters a final judgment within the next several months, two things have to happen before any back-pay check actually arrives. First, SSA's announced appeal would suspend most implementation activity until the U.S. Court of Appeals for the Fourth Circuit rules. Second, even if SSA is ordered to begin paying past-due benefits during the appeal, the agency has to calculate each individual class member's underpayment by re-running the family-maximum formula with the Retirement Insurance Benefit instead of the Primary Insurance Amount, then process and issue payments through its normal benefit-payment system. That kind of mass recalculation, even when SSA cooperates fully, takes several months at minimum.

The most realistic timing window for the first back-pay payments to actually arrive in family bank accounts is sometime in 2027 if SSA's appeal is unsuccessful and there is no further appeal to the Supreme Court. If the case goes the full distance through Fourth Circuit oral argument, opinion, and a possible petition for certiorari, payments could be pushed into 2028. The class action news cycle around this case has been heavy in 2026 because the procedural rulings have been favorable to plaintiffs, but procedural wins are not the same as money in hand.

When Will the Court Enter Final Judgment in LNP v. Bisignano?

The April 27, 2026 final notice certification deadline is the last administrative step before the court is positioned to enter final judgment. After Class Counsel files that certification, the court can issue a formal final order on its own schedule. There is no fixed date by which a federal district judge must enter final judgment after the underlying procedural work is complete; in practice, final orders in cases of this size typically issue within a few weeks to a few months after the last administrative deadline.

That means the most likely window for a formal final judgment is May to August 2026. The court could move faster, particularly given how long the case has already been pending, but no specific date has been set on the docket.

Will SSA Appeal the Social Security Class Action Final Judgment?

Yes, SSA has signaled in its filings that it will likely seek appellate review of any final judgment entered against the agency. An appeal in a federal civil case of this size is taken to the U.S. Court of Appeals for the Fourth Circuit, which covers the Eastern District of Virginia.

A federal appeal is not a quick process. Briefing schedules in the Fourth Circuit typically run three to six months after a notice of appeal is filed, oral argument follows several months later, and a written opinion can take anywhere from a few weeks to more than a year after argument. That means even after Judge Nachmanoff enters final judgment, families could be looking at an additional 12 to 24 months of appellate review before any back-pay benefits are actually paid out, and longer if the Fourth Circuit's decision is then taken to the Supreme Court on a petition for certiorari.

During an appeal, SSA would likely be permitted to delay implementation of any benefit recalculation until the appeal is resolved, although class counsel may seek a separate court order requiring SSA to begin processing recalculations during the appeal. None of that has happened yet, and the question of whether benefits would be paid during the pendency of an appeal will only become live once a final judgment is actually entered.

Why Has SSA Been Delaying the Social Security Class Action?

Court filings paint a consistent picture of foot-dragging by SSA on the question of how to implement a final judgment. Class Counsel sent an initial draft of a stipulated judgment to SSA on September 10, 2025 and requested comments. SSA responded the next day saying they would have changes ready to discuss the following week but never delivered any edits. A government shutdown from October 1 through November 13, 2025 further stalled the process. After the shutdown ended, class counsel attempted to restart discussions in November 2025; by early December, SSA's counsel confirmed the agency still believed a stipulated judgment was the right approach but was waiting for internal sign-off on language. That draft was never delivered.

Class Counsel filed a motion to enforce the court's July 16, 2025 order on December 17, 2025 in response to the delay, then withdrew it on January 20, 2026 (suggesting some partial compliance on the underlying issue) before pivoting to the Motion to Enter Final Judgment that was eventually granted in part on March 13, 2026. The pattern across the docket is that SSA has consistently used available procedural levers to slow the case, while plaintiffs have consistently pushed for a ruling on the merits.

Is This a Social Security Refund Scam? How to Spot Fake Class Action Texts and Emails

Whenever a Social Security case generates news, scammers send fake "Social Security refund" texts and emails asking class members to confirm bank-account details, click a shortened link, or pay a small "processing fee" to claim back-pay. A few signals separate this real lawsuit from a scam:

• There is no claim form for this case. Anyone telling you to file a Social Security class action claim today is not running the real case.
• The only official case website is lnpclassaction.com, maintained by Class Counsel Kelley Drye & Warren LLP. Anything else is not the case.
• SSA itself does not communicate with class members about this case, because plaintiffs (not SSA) are the ones representing the class.
• A real Social Security communication never asks for your full Social Security number, banking passwords, gift cards, cryptocurrency, or up-front fees.
• If past-due benefits are eventually ordered, SSA would pay them through the same payment method already on file for each child's insurance benefit. There is no separate "Social Security class action payment portal."
• If a text or email about this case asks you to click a shortened link to "verify your child's eligibility," it is not part of the litigation.

What Should Families Do Right Now?

With the March 13 ruling in hand and the April 27 notice certification deadline approaching, here is the short checklist for families who think they may be class members:

• If you received an LNP v. Bisignano class action notice and did not opt out, your child is already a class member. There is nothing further to do at this stage.
• Save the original class notice you received in the mail, along with any subsequent supplemental notices. These are the only documents that confirm your child's class membership in the event of a future dispute about eligibility.
• Bookmark the official case website at lnpclassaction.com. The official site is the only authoritative source for case updates, and Class Counsel posts every order and status report there as it is filed.
• Track the case docket through PACER if you want real-time updates on when the final judgment is entered and whether SSA files a notice of appeal. The case is L.N.P. v. Bisignano, Case No. 1:24-cv-01196-MSN-IDD (E.D. Va.).
• Do not contact SSA directly to ask about the class action. SSA field offices and the national 1-800 line are not part of the litigation and cannot answer questions about case-specific recalculations.
• If you have separate, unrelated SSA issues, continue handling those through SSA's normal administrative process. Class Counsel's representation is strictly limited to the family-maximum miscalculation issue and does not extend to any other Social Security dispute.

What If My Family's Real Issue Is SSDI, Not the LNP Class Action?

Many readers landing on a Social Security article are not actually class members in LNP v. Bisignano. They are adults dealing with a medical condition that prevents work, relatives helping a parent navigate a Social Security Disability Insurance (SSDI) application, or people whose initial SSDI claim has been denied and are deciding whether to appeal. SSDI is a different program from the family-maximum miscalculation at issue in the LNP case, and the two do not overlap.

SSDI pays monthly benefits to adults who have worked long enough to earn enough work credits and who can no longer perform substantial gainful activity because of a medical or mental health condition expected to last 12 months or longer. Benefits can reach up to $4,018 per month for workers with higher past earnings, and approved claimants can also receive past-due benefits (back pay) dating to the established onset date. After SSDI is awarded, qualifying recipients can also become eligible for Medicare even before age 65.

For a full breakdown of who qualifies for SSDI, the five-step disability analysis SSA uses, the medical evidence that strengthens an application, and how SSDI attorney fees are capped and regulated by SSA, see our Social Security Disability Lawyers guide. The guide also covers how SSDI differs from SSI (Supplemental Security Income), what to expect at an Administrative Law Judge hearing, and how appeals work after a denial. None of this is part of the LNP class action, and no class member needs SSDI representation to receive any benefit the court may eventually order.

Related OpenClassActions.com Coverage of the LNP v. Bisignano Case

This article focuses on what changed after the March 13, 2026 hearing. For deeper context on the case, OpenClassActions.com has published three related pieces of coverage that cover different aspects of the same litigation:

• Social Security class action lawsuit (cornerstone overview): the full case overview with eligibility details, the original procedural history, the family maximum rule explained, the difference between PIA and RIB, and the full text of the class notice.
• Social Security class action update (February 15, 2026): our previous news update, which previewed the then-upcoming March 13 hearing and the procedural posture going into the cross-motions ruling.
• Social Security Disability Lawyers guide: an entirely separate program for adults who cannot work due to a medical condition. Not part of the LNP class action, but useful for readers whose Social Security question is actually about SSDI rather than children's benefits.

Lawyers Representing Class Members

The court has appointed Ira T. Kasdan and Damon W. Suden of Kelley Drye & Warren LLP as Class Counsel. Class members are not personally responsible for paying Class Counsel. As permitted by federal law, Class Counsel intends to seek a reasonable fee of up to 25% of any past-due benefits paid to class members, with the fee paid out of those past-due benefits rather than charged to families upfront. The court will decide what percentage, if any, to award. If no recovery is obtained, class members pay nothing.

Class members retain the right to submit written comments or objections to the court regarding the fee application and to appear at any fee hearing. The deadline for submitting objections and the date, time, and location of any fee hearing will be posted on the official case website's Fees Hearing page once that information becomes available.

Sources

• Official Case Website: lnpclassaction.com
• United States District Court for the Eastern District of Virginia, L.N.P. v. Bisignano, Case No. 1:24-cv-01196-MSN-IDD
• Court Order at ECF 161, Minute Entry for Motion Hearing held March 13, 2026 (Plaintiffs' Motion to Enter Final Judgment granted in part; Defendants' Motion for Summary Judgment and in the Alternative for Stay denied)
• Court Order at ECF 169, dated April 8, 2026 (granting Plaintiffs' Motion to Seal Exhibit A of Plaintiffs' Fourth Status Report)
• Plaintiffs' Fourth Status Report at ECF 163, filed March 30, 2026


About Class Action News Coverage

OpenClassActions.com is a consumer news site. We report on filed complaints, court orders, status reports, and final judgments. We are not a law firm, we are not Class Counsel, we are not the settlement administrator for any case, and we do not process or decide claims. The information in this article is based on publicly filed court records and on the official LNP v. Bisignano class action website. The Social Security Administration disputes the claims in this case, and the court has not yet entered a final judgment.

For more class actions keep scrolling below.
Open Class Action Lawsuit and Class Action Settlement

DraftKings & FanDuel Addiction Lawsuits

Status: Open

Learn More
Open Class Action Lawsuit and Class Action Settlement

Roblox - Investigation

Pre-Qualify Here

Submit Claim
New Open Class Action Lawsuit

$87.5M Beef Prices Settlement

Deadline: June 30, 2026

Submit Claim
Case Snapshot
Status Plaintiffs' Motion to Enter Final Judgment Granted in Part (March 13, 2026); SSA Motion for Summary Judgment Denied
Latest Update April 27, 2026 final notice certification due; final judgment expected after
Category Social Security / Federal Class Action
Defendant Social Security Administration; Frank Bisignano, Commissioner of SSA (official capacity)
Class Period May 10, 2024 to May 30, 2025
Case Number 1:24-cv-01196-MSN-IDD
Case Title L.N.P. v. Bisignano
Court U.S. District Court, Eastern District of Virginia
Judge Hon. Michael S. Nachmanoff
Class Counsel Ira T. Kasdan and Damon W. Suden, Kelley Drye & Warren LLP
Class Counsel Fee Up to 25% of any past-due benefits awarded; subject to court approval
Claim Form Required? No - SSA would recalculate automatically if final judgment enters
Official Website lnpclassaction.com