Smith v. Berryhill

Supreme Court of the United States · 2019 · Administrative Law

Administrative LawJudicial ReviewSocial Security42 U.S.C. § 405(g)final decisionmade after a hearingAppeals Counciluntimeliness dismissal

Facts

Smith applied for disability benefits under Title XVI in 2012, and his claim was denied initially and on reconsideration. He then received an ALJ hearing in February 2014, after which the ALJ denied his claim on the merits in March 2014. Smith's attorney asserted that he timely mailed a request for Appeals Council review in April 2014, but the SSA said it had no record of receiving it and treated a later September copy as the filing. The Appeals Council found the request untimely, found no good cause, and dismissed the request for review.

Issue

Whether the SSA Appeals Council's dismissal of a claimant's request for review as untimely, after the claimant has already received an ALJ hearing on the merits, qualifies as a "final decision ... made after a hearing" under 42 U.S.C. § 405(g) so that a federal court may review it.

Rule

Where the SSA Appeals Council dismisses a request for review as untimely after the claimant has obtained an ALJ hearing on the merits, that dismissal qualifies as a "final decision ... made after a hearing" within the meaning of § 405(g). In the ordinary case, judicial review should be limited to the procedural ground for dismissal, with any unresolved merits issues remanded to the agency for initial consideration.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Columbus, Ohio, Nora Patel applied for supplemental security income. After an ALJ held a merits hearing and denied her claim, Nora sought Appeals Council review, but the Council dismissed her request as untimely and stated that its dismissal was binding with no further agency review.

If Nora files in federal district court under 42 U.S.C. § 405(g), what is the strongest argument that the court has jurisdiction to review the dismissal?

Explanation. The majority held that when the Appeals Council dismisses a request for review as untimely after the claimant has already received an ALJ hearing on the merits, the dismissal is a final decision made after a hearing under § 405(g). It is the last step in the agency process and is sufficiently tethered to the prior ALJ hearing. The Court rejected the view that the absence of an Appeals Council hearing defeats review.