Editor's Note :

close editor's note Editor's Note :

The Supreme Court will release one or more opinions in argued cases on Wednesday at 10 a.m. We will live-blog starting at 9 a.m. at this link, where readers can sign up for an email reminder when we begin the live blog.

Smith v. Berryhill

Docket No. Op. Below Argument Opinion Vote Author Term
17-1606 6th Cir. Mar 18, 2019
Tr.Aud. 		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)
Apr 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.
Apr 19 2018Application (17A1121) granted by Justice Kagan extending the time to file until May 25, 2018.
May 25 2018Petition for a writ of certiorari filed. (Response due June 28, 2018)
May 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.
Jun 21 2018Motion to extend the time to file a response from June 28, 2018 to July 30, 2018, submitted to The Clerk.
Jun 22 2018Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2018.
Jul 11 2018Motion to extend the time to file a response from July 30, 2018 to September 7, 2018, submitted to The Clerk.
Jul 12 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
Sep 04 2018Motion to extend the time to file a response from September 7, 2018 to September 21, 2018, submitted to The Clerk.
Sep 05 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2018.
Sep 21 2018Brief of respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration filed.
Oct 10 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Petition GRANTED.
Nov 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.
Nov 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.
Dec 10 2018Motion for an extension of time to file the briefs on the merits filed.
Dec 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.
Dec 19 2018Joint appendix filed. (Statement of costs filed)
Dec 19 2018Brief of petitioner Ricky Lee Smith filed.
Dec 19 2018Brief of respondent in support of reversal and remand filed.
Dec 26 2018Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed.
Jan 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.
Jan 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.
Jan 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.
Jan 25 2019SET FOR ARGUMENT on Monday, March 18, 2019
Feb 04 2019Brief of Court-appointed amicus curiae in support of the judgment below filed.
Feb 11 2019Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration.
Feb 14 2019CIRCULATED
Feb 21 2019Record requested from the U.S.C.A. 6th Circuit.
Feb 21 2019The record from the U.S.C..A is electronic and located on PACER, with the exception of restricted documents that are electronic.
Feb 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.
Feb 28 2019Reply of petitioner Ricky Lee Smith filed. (Distributed)
Mar 06 2019Reply of respondent filed. (Distributed)
Mar 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.
May 28 2019Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
 
Share:
Term Snapshot
At a Glance
Awards