Social Security Class Action Update 2026: Court Pushes Toward Final Judgment for Children of Early Retirees

Social Security class action lawsuit update 2026 LNP v Bisignano children early retirees

By Steve Levine | Updated: February 15, 2026

Status: Ongoing — Heading Toward Final Judgment

Estimated Payout: Potentially Millions in Combined Back Pay

Social Security Class Action Nears Critical March 2026 Hearing

The Social Security class action lawsuit known as LNP v. Bisignano (Case No. 1:24-cv-01196, E.D. Va.) is advancing toward a potential final judgment after months of delays by the Social Security Administration. The case alleges SSA miscalculated benefits for children of early retirees by using the wrong number under the family maximum rule, potentially shortchanging thousands of families across the country.

The court already ruled in February 2025 that the SSA's interpretation of the law appears incorrect when it denied the agency's motion to dismiss. Now, class counsel has filed a Motion to Enter Final Judgment, and a critical hearing on SSA's Motion for Summary Judgment is scheduled for March 13, 2026 before Judge Michael S. Nachmanoff.

For a full breakdown of the case, who qualifies, and what families should know, see our comprehensive Social Security Class Action Lawsuit page.

What Has Happened Since January 2026

Several developments have moved this case forward in recent weeks. On January 5, 2026, class counsel filed a consent motion to approve a supplemental class notice plan after additional class members were identified. The court approved it the same day, and new notices were mailed out by January 23, 2026.

On January 14, 2026, class counsel filed a Motion to Enter Final Judgment with the court, signaling that plaintiffs are pushing for a resolution rather than waiting for SSA to act. This came after months of frustration with SSA's failure to cooperate on a stipulated judgment. Court filings from December 2025 revealed that SSA's counsel agreed a stipulated judgment was the right approach but repeatedly failed to deliver proposed language despite multiple requests from class counsel.

A motion to enforce the court's July 16, 2025 order was filed on December 17, 2025 but was later withdrawn on January 20, 2026, suggesting SSA may have come into partial compliance on the underlying issue.

On February 6, 2026, plaintiffs filed an unopposed request for a status conference, which was scheduled for February 17, 2026.

Key Upcoming Dates

Families following this case should watch for the following dates:

February 17, 2026 — Telephonic status conference ordered by the court.

February 23, 2026 — Last day to file plaintiffs' reply in support of the Motion to Enter Final Judgment.

March 9, 2026 — Opt-out deadline for newly identified class members. Exclusion requests must be postmarked on or before this date.

March 13, 2026 — Motion hearing on SSA's Motion for Summary Judgment before Judge Michael S. Nachmanoff. This is the most significant upcoming date in the case.

March 30, 2026 — Class counsel must file a report certifying that notice was provided and listing any individuals who opted out.

Why Has SSA Been Delaying?

Court filings paint a picture of consistent foot-dragging by SSA. 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 shared 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 stated in a December 2025 filing that SSA's delay unnecessarily prolongs resolution of this case and continues to deprive class members of their right to past-due benefits.

Who Qualifies for This Class Action

The court defined the class as children who received child's insurance benefits on a parent's Social Security record where the parent retired early. The relevant time period is May 10, 2024 through May 30, 2025. The dispute centers on whether SSA should have used the Retirement Insurance Benefit (RIB), which is the amount actually payable to the retiree, rather than the Primary Insurance Amount (PIA), which reflects the benefit at full retirement age, when calculating the family maximum.

Some children are excluded from the class, including non-U.S. citizens, deceased children, and cases where the parent had excess earnings during the relevant year. If you or your child received a notice in the mail, your child is automatically included unless you opt out.

Newly identified class members who received supplemental notices in January 2026 have until March 9, 2026 to opt out if they choose.

Is There a Claim Form?

No. There is no claim form or claims process at this time. The case is still in active litigation. According to the official case FAQ, class counsel is working to have the court issue a final order that would direct SSA to recalculate benefits and repay any shortfall. If that happens, any instructions for receiving payments will be posted on the official LNP v. Bisignano class action website.

What Could Happen Next

The March 13, 2026 hearing on SSA's summary judgment motion is the most important near-term event. If the court rules in favor of the families, it could order SSA to recalculate the benefits using the correct formula and pay back the difference.

SSA has indicated it will likely appeal a final judgment. Class counsel intends to seek attorney fees of up to 25% of any back pay awarded, which would be deducted from any recovery rather than charged upfront. The court will decide the actual fee amount.

If no recovery is obtained, class members pay nothing.

If you are here because you need help with a Social Security Disability (SSDI) application or appeal, here is a guide that explains when a disability lawyer specializing in SSDI and social security may be helpful.