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Smith v. Berryhill

Docket No. Op. Below Argument Opinion Vote Author Term
17-1606 6th Cir. 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

DateProceedings and Orders (key to color coding)
04/13/2018Application (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.
04/19/2018Application (17A1121) granted by Justice Kagan extending the time to file until May 25, 2018.
05/25/2018Petition for a writ of certiorari filed. (Response due June 28, 2018)
05/25/2018Pursuant 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.
06/21/2018Motion to extend the time to file a response from June 28, 2018 to July 30, 2018, submitted to The Clerk.
06/22/2018Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2018.
07/11/2018Motion to extend the time to file a response from July 30, 2018 to September 7, 2018, submitted to The Clerk.
07/12/2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
09/04/2018Motion to extend the time to file a response from September 7, 2018 to September 21, 2018, submitted to The Clerk.
09/05/2018Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2018.
09/21/2018Brief of respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration filed.
10/10/2018DISTRIBUTED for Conference of 10/26/2018.
10/29/2018DISTRIBUTED for Conference of 11/2/2018.
11/02/2018Petition GRANTED.
11/02/2018As 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.
11/05/2018Deepak Gupta, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
12/10/2018Motion for an extension of time to file the briefs on the merits filed.
12/11/2018Motion 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.
12/19/2018Joint appendix filed. (Statement of costs filed)
12/19/2018Brief of petitioner Ricky Lee Smith filed.
12/19/2018Brief of respondent in support of reversal and remand filed.
12/26/2018Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed.
01/04/2019Motion for an extension of time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below filed.
01/14/2019Motion 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.
01/15/2019Motion 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.
01/25/2019SET FOR ARGUMENT on Monday, March 18, 2019
02/04/2019Brief of Court-appointed amicus curiae in support of the judgment below filed.
02/11/2019Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration.
02/14/2019CIRCULATED
02/21/2019Record requested from the U.S.C.A. 6th Circuit.
02/21/2019The record from the U.S.C..A is electronic and located on PACER, with the exception of restricted documents that are electronic.
02/25/2019Motion 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.
02/28/2019Reply of petitioner Ricky Lee Smith filed. (Distributed)
03/06/2019Reply of respondent filed. (Distributed)
03/18/2019Argued. 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.
05/28/2019Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
07/01/2019JUDGMENT ISSUED.