Social Security lawyer fee cap
Culbertson v. Berryhill
In brief
The Supreme Court ruled that the 25% limit covers court representation only and overturned the Eleventh Circuit’s judgment.
- Where it stands
- Decided
Decided 9-0 · January 8, 2019 · Opinion by Justice Thomas
- What it’s about
- Lawyer Richard Culbertson challenged the Eleventh Circuit’s rule that Social Security fees for agency and court representation count together toward a 25% cap.
- Who it affects
- For Social Security fee awards, agency-work fees under §406(a) are not added to court-work fees when applying §406(b)’s 25% limit.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled the cap applies only to court representation, overturned the judgment and sent the case back to the lower court (remanded).
Federal appeals courts disagreed over whether the 25% limit counted only court work or also work before the Social Security agency.
Question presented
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.
What the Court decided
Holding
Section 406(b)(1)(A)’s 25% cap applies only to fees for court representation and not to the aggregate fees awarded under §§406(a) and (b). 861 F. 3d 1197, reversed and remanded.
- Result
- Reversed
The vote
What's next
The case goes back to the Eleventh Circuit for further proceedings under the Supreme Court’s ruling.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.