Richard Culbertson v. Nancy Berryhill
Issues
Does 42 U.S.C. § 406(b) limit attorney’s fees to 25 percent for fees incurred in representing a claimant before a court and before the Social Security agency; or, does the 25-percent limit only apply to fees related to representation before the agency?
This case asks the Supreme Court to decide how to calculate attorney’s fees for representation in court and before the Social Security Administration (“SSA”) under 42 U.S.C. § 406(b). Richard Culbertson sought an attorney’s fee of 25 percent of the past-due benefits awarded to the Social Security claimants whom he represented in court. Culbertson contends that § 406(b)’s 25-percent cap applies only to his representation before a court. The Court of Appeals applied § 406(b)’s 25-percent cap to the sum of attorney’s fees under § 406(a) and § 406(b). Berryhill agrees with Culbertson’s position, while the Supreme Court-appointed amicus curiae supports the Court of Appeals. This case will impact Social Security claimants’ protections from overbilling and the financial incentives allowing claimants to access competent legal representation.
Questions as Framed for the Court by the Parties
Whether fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the representation of individuals claiming Social Security benefits include, as the U.S. Courts of Appeals for the 6th, 9th, and 10th Circuits hold, only fees for representation in court or, as the U.S. Courts of Appeals for the 4th, 5th, and 11th Circuits hold, also fees for representation before the agency.
This case consolidated four actions brought by Richard Culbertson, who represented claimants Katrina Wood, Celalettin Akarcay, Bill Westfall, and Darleen Schuster, each of whom was denied disability benefits by the Commissioner of Social Security (“Commissioner”). Wood v.
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Additional Resources
- Supreme Court to Hear Case on SSDI Attorney’s Fees Cap, Rogers, Hofrichter & Karrh, LLC (June 1, 2018).
- Mike Fox, Clinic Brings Attorneys’ Fees Case to Supreme Court, University of Virginia School of Law (May 21, 2018).