Smith v. Berryhill

The Supreme Court said a Social Security claimant may seek federal-court review after the Appeals Council rejects an appeal as untimely, as long as the claimant already had a hearing before an administrative law judge. The dispute was whether that kind of timeliness dismissal counts as a "final decision" under Section 405(g).

The Court decided that an Appeals Council dismissal for untimeliness after an administrative law judge hearing can be reviewed in federal court. The prompt does not provide the vote count or opinion lineup.

This means some disability applicants are not automatically shut out of court just because the Appeals Council said their internal appeal was late. For example, a claimant who already had an agency hearing can ask a judge to review whether that dismissal should stand.

The Supreme Court has finished with this case. Federal courts and the Social Security Administration must now follow this rule in similar disputes.

The justices asked whether an Appeals Council rejection for lateness counts as a "final decision" that a federal court may review.

It affects people whose Social Security disability appeals were dismissed as late after they already had an agency hearing. They may still get a day in federal court.

The Supreme Court is done with this case. Federal courts and the Social Security Administration must use this rule in similar disputes.