Smith v. Berryhill
Docket No. | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|
17-1606 | Mar 18, 2019 | May 28, 2019 | 9-0 | Sotomayor | OT 2018 |
Holding: A Social Security Administration Appeals Council dismissal on timeliness grounds of a request for review after a claimant has had an administrative law judge hearing on the merits qualifies as a "final decision . . . made after a hearing" for purposes of allowing judicial review under 42 U.S.C. "405(g).
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on May 28, 2019.
SCOTUSblog Coverage
- Opinion analysis: Dismissal as untimely of Supplemental Security Income claimants request for review is final decision subject to judicial review (Kathryn Moore, May 29, 2019)
- A "view" from the courtroom: Running hot and cold (Mark Walsh, May 28, 2019)
- Argument analysis: Justices grapple with meaning of final decision made after a hearing (Kathryn Moore, March 20, 2019)
- Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimants request for review is final decision subject to judicial review (Kathryn Moore, March 11, 2019)
- OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
- Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute (Amy Howe, November 2, 2018)
- Petition of the day (Aurora Barnes, June 12, 2018)
Date | Proceedings and Orders |
---|---|
04/13/2018 | Application (17A1121) to extend the time to file a petition for a writ of certiorari from April 26, 2018 to May 25, 2018, submitted to Justice Kagan. |
04/19/2018 | Application (17A1121) granted by Justice Kagan extending the time to file until May 25, 2018. |
05/25/2018 | Petition for a writ of certiorari filed. (Response due June 28, 2018) |
05/25/2018 | 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. |
06/21/2018 | Motion to extend the time to file a response from June 28, 2018 to July 30, 2018, submitted to The Clerk. |
06/22/2018 | Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2018. |
07/11/2018 | Motion to extend the time to file a response from July 30, 2018 to September 7, 2018, submitted to The Clerk. |
07/12/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018. |
09/04/2018 | Motion to extend the time to file a response from September 7, 2018 to September 21, 2018, submitted to The Clerk. |
09/05/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2018. |
09/21/2018 | Brief of respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration filed. |
10/10/2018 | DISTRIBUTED for Conference of 10/26/2018. |
10/29/2018 | DISTRIBUTED for Conference of 11/2/2018. |
11/02/2018 | Petition GRANTED. |
11/02/2018 | 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. |
11/05/2018 | Deepak Gupta, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
12/10/2018 | Motion for an extension of time to file the briefs on the merits filed. |
12/11/2018 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 19, 2018. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including January 22, 2019. |
12/19/2018 | Joint appendix filed. (Statement of costs filed) |
12/19/2018 | Brief of petitioner Ricky Lee Smith filed. |
12/19/2018 | Brief of respondent in support of reversal and remand filed. |
12/26/2018 | Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed. |
01/04/2019 | Motion for an extension of time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below filed. |
01/14/2019 | Motion for a further extension of time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below filed. |
01/15/2019 | Motion to further extend the time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below is granted, and the time is extended to and including February 4, 2019. |
01/25/2019 | SET FOR ARGUMENT on Monday, March 18, 2019 |
02/04/2019 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
02/11/2019 | Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration. |
02/14/2019 | CIRCULATED |
02/21/2019 | Record requested from the U.S.C.A. 6th Circuit. |
02/21/2019 | The record from the U.S.C..A is electronic and located on PACER, with the exception of restricted documents that are electronic. |
02/25/2019 | Motion for divided argument filed by the Solicitor General GRANTED, and the time is divided as follows: 15 minutes for petitioner, 15 minutes for the Solicitor General, and 30 minutes for Court-appointed amicus curiae in support of the judgment below. |
02/28/2019 | Reply of petitioner Ricky Lee Smith filed. (Distributed) |
03/06/2019 | Reply of respondent filed. (Distributed) |
03/18/2019 | Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of reversal and remand: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Deepak Gupta, Washington, D. C. |
05/28/2019 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/18pdf/17-1606_868c.pdf'>opinion</a> for a unanimous Court. |
07/01/2019 | JUDGMENT ISSUED. |