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No. 17-1606October Term 2018Decided May 28, 2019

Docket 17-1606October Term 2018 (2018–2019)

Smith v. Berryhill

This case asked whether a Social Security disability claimant can go to federal court after the Social Security Appeals Council refuses to review the claim because the claimant filed the administrative appeal too late.

Case status

Current stage
Decided
Latest event
Decision released May 28, 2019
Case Accepted
Arguments
Decision ReleasedMay 28, 2019
What it's about

This case asked whether a Social Security disability claimant can go to federal court after the Social Security Appeals Council refuses to review the claim because the claimant filed the administrative appeal too late. Ricky Lee Smith had already received a hearing before an administrative law judge, and the dispute was over whether the Appeals Council’s timeliness dismissal was the kind of final agency action that courts may review.

Question presented

Whether the Appeals Council's decision to reject a disability claim on the ground that the claimant's appeal was untimely is a "final decision" subject to judicial review under Section 405(g).

Case path

United States Court of Appeals for the Sixth Circuit / Decision released May 28, 2019

Area

Administrative Law

Timing

Decided May 28, 2019

The Court released its decision on May 28, 2019 without hearing oral argument.