The US Supreme Court ruled Tuesday in Culbertson v. Berryhill that a federal law imposing 25 percent cap on attorney’s fees in Social Security cases applies only to fees relating to court proceedings rather than all fees incurred.
The case questioned the interpretation of the 42 USC § 406, specifically Sections A and B, which regulate the amount an attorney can charge when representing clients before the Social Security Administration and a reviewing court.
Section 406(a) details restrictions and separate caps on fees for representation in administrative proceedings (those before the agency itself). Section 406(b) imposes a 25 percent cap on fees only for representation before a court.
Attorney Richard Culbertson represented four plaintiffs in appeals from the Social Security Administration. After the cases’ completion, Culbertson sought reimbursement for his fees via the district court. The court interpreted the fee restrictions to apply to an aggregate of all fees rather than just representation for court proceedings.
The Supreme Court’s ruling overturns the Eleventh Circuit’s decision.