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Richard Allen Culbertson v. Nancy A. Berryhill, Acting Commissioner of Social Security

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-14004 · judgment June 26, 2017

Decided · January 8, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.

Question presented

"Fees for [the] representation of individuals claiming Social Security old-age, survivor, or disability benefits [at] the administrative and judicial review stages [are handled] discretely: [42 U.S.C.] § 406(a) governs fees for representation in administrative proceedings; § 406(b) controls fees for representation in court.” Gisbrecht v. Barnhart, 535 U.S. 789, 793- 794 (2002). Section 406(b) specifies in particular that [w]henever a court renders a judgment favorable to a claimant * * * who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment. 42 U.S.C. § 406(b)(l)(A) (emphasis added). The question presented is: Whether fees subject to § 406(b)'s 25-percent cap include, as the Sixth, Ninth, and Tenth Circuits hold, only fees for representation in court or, as the Fourth, Fifth, and Eleventh Circuits hold, also fees for representation before the agency. AMY WEIL, ESQUIRE, OF ATLANTA, GEORGIA, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.

Counsel of record

For petitioner
Daniel Roy Ortiz

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued November 7, 2018 — Daniel R. Ortiz · Anthony Yang · Amy L. Weil. Audio and transcript

Decided January 8, 2019. Opinion by Thomas.

Proceedings

  1. Feb 11 2019
    JUDGMENT ISSUED.
  2. Jan 08 2019
    Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
  3. Nov 15 2018
    Record received from the U.S.C.A. 11th Circuit and the U.S.D.C. Middle district of Florida, is complete and electronic.
  4. Nov 07 2018
    Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For respondent in support of reversal and remand: Anthony Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For amicus curiae in support of judgment below: Amy L. Weil, Atlanta, Ga. (Appointed by this Court.)
  5. Oct 24 2018
    Lodging proposal of respondent filed. (Distributed)
  6. Oct 09 2018
    Reply of petitioner Richard Culbertson filed. (Distributed)
  7. Oct 09 2018
    Reply of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration filed. (Distributed)
  8. Oct 01 2018
    Motion for divided argument filed by respondent GRANTED.
  9. Sep 12 2018
    CIRCULATED
  10. Sep 10 2018
    Record requested from the U.S.C.A. 11th Circuit.
  11. Sep 06 2018
    Brief of Court-appointed amicus curiae in support of the judgment below filed.
  12. Sep 06 2018
    Lodging proposal of Court-appointed amicus curiae filed. (Distributed)
  13. Aug 20 2018
    SET FOR ARGUMENT on Wednesday, November 7, 2018
  14. Aug 13 2018
    Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration.
  15. Jul 23 2018
    Amicus brief of National Organization of Social Security Claimants’ Representatives not accepted for filing. (July 25, 2018) - To be resubmitted with required documents.)
  16. Jul 23 2018
    Brief amicus curiae of National Organization of Social Security Claimants’ Representatives in support of neither party filed.
  17. Jul 16 2018
    Brief of petitioner Richard Culbertson filed.
  18. Jul 16 2018
    Joint appendix filed.
  19. Jul 16 2018
    Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration in support of reversal and remand filed.
  20. Jul 03 2018
    Motion for an extension of time to file the briefs on the merits filed.
  21. Jul 03 2018
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief in support is extended to and including July 16, 2018. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 7, 2018.
  22. Jul 03 2018
    Any amicus briefs in support of the judgment below are due within 7 days after the filing of the brief of Court-appointed amicus curiae in support of the judgment below.
  23. May 25 2018
    Amy Weil, Esquire, of Atlanta, Georgia, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
  24. May 24 2018
    Blanket Consent filed by Petitioner, Richard Culbertson.
  25. May 21 2018
    Petition GRANTED.
  26. May 21 2018
    As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
  27. May 14 2018
    DISTRIBUTED for Conference of 5/17/2018.
  28. Apr 18 2018
    DISTRIBUTED for Conference of 5/10/2018.
  29. Apr 13 2018
    Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 received.
  30. Apr 05 2018
    Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration filed.
  31. Apr 03 2018
    Letter of March 30, 2018, received from counsel for the petitioner.
  32. Mar 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2018.
  33. Mar 20 2018
    Motion to extend the time to file a response from March 22, 2018 to April 5, 2018, submitted to The Clerk.
  34. Mar 06 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2018.
  35. Mar 05 2018
    Motion to extend the time to file a response from March 8, 2018 to March 22, 2018, submitted to The Clerk.
  36. Jan 25 2018
    Motion to extend the time to file a response from January 26, 2018 to March 8, 2018, submitted to The Clerk.
  37. Jan 25 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 8, 2018.
  38. Dec 21 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2018
  39. Dec 20 2017
    Motion to extend the time to file a response from December 27, 2017 to January 26, 2018, submitted to The Clerk.
  40. Nov 21 2017
    Petition for a writ of certiorari filed. (Response due December 27, 2017)
  41. Nov 21 2017
    Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court’s electronic filing system.
  42. Sep 15 2017
    Application (17A279) granted by Justice Thomas extending the time to file until November 23, 2017.
  43. Sep 05 2017
    Application (17A279) to extend the time to file a petition for a writ of certiorari from September 24, 2017 to November 23, 2017, submitted to Justice Thomas.