Charles Mitchael v. Carolyn W. Colvin

SHEPHERD, Circuit Judge.

In the Eighth Circuit, dual status National Guard technicians who apply for Social Security benefits after February 3, 2011, are able to take advantage of our decision in Petersen v. Astrue, 633 F.3d 633 (8th Cir.2011) to avoid application of the Windfall Elimination Provision (WEP). Plaintiffs are seeking to represent a class of dual status National Gúard technicians who had their benefits determined prior to the issuance of the Petersen decision and would like to have their benefits readjusted to take advantage of the decision. The district court 1 dismissed their…