Supreme Court of the United States
Ricky Lee Smith, Petitioner v. Nancy A. Berryhill
May 28, 2019587 U.S. 471
Summary
The Supreme Court held that when the SSA's Appeals Council dismisses a claimant's request for review as untimely after the claimant has received an ALJ hearing on the merits, that dismissal is a 'final decision ... made after a hearing' subject to judicial review under 42 U.S.C. § 405(g). Relying on the statutory text, the congruent APA finality framework, and the strong presumption that Congress intends judicial review of administrative action, the Court rejected the position of seven Courts of Appeals and reversed the Sixth Circuit. The Court further instructed that on remand a reviewing court should ordinarily confine itself to the procedural timeliness ground for the dismissal and leave residual substantive questions to the agency in the first instance. No separate writings were filed.
Holding
- Whether the Appeals Council's post-hearing untimeliness dismissal qualifies as a 'final decision ... made after a hearing' under § 405(g).. Yes. Where the SSA's Appeals Council has dismissed a request for review as untimely after a 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), entitling the claimant to judicial review.
- The proper scope of judicial review once § 405(g) review of the dismissal is available.. In an ordinary case, a reviewing court should restrict its review to the procedural ground that was the basis for the Appeals Council dismissal and, if necessary, allow the agency to address any residual substantive questions in the first instance, rather than proceeding directly to the merits; there is no jurisdictional bar to reaching the merits, but remand is the prudent course.
Docket 17-1606
Cited authorities
- CA10
- CA11
- 28 U.S.C. § 1346
- 42 U.S.C. § 405
- 49 Stat. 620
- 53 Stat. 1360
- 20 C.F.R. § 416.1400
- 20 C.F.R. § 416.1472