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Culbertson v. The Commissioner of Social Security

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Orlando Social Security

Culbertson, Jacobs & LaBoda successfully represented four clients in the pivotal case Culbertson v. Commissioner of Social Security, which the U.S. Supreme Court agreed to review—Culbertson v. Berryhill, Case No. 17‑773.

What the Case Was About

  • After federal courts ordered new hearings and back benefits for four SSDI claimants, the Social Security Administration initially withheld 25% of those awards to pay attorney fees at both the agency and court levels.

  • Courts in the Eleventh Circuit (covering Florida) ruled the total combined fees could not exceed 25% of past-due benefits—even after claimants had paid attorneys separately for administrative and court representation.

  • That meant attorneys had to refund or forgo part of their fees, cutting crucial representation for claimants in federal court appeals.

Supreme Court Decision (January 8, 2019)

The Supreme Court delivered a unanimous 9–0 decision reversing the Eleventh Circuit:

  • The Court held that Section 406(b)’s 25% cap applies only to court-stage representation, while Section 406(a) separately governs agency-stage representation supremecourt.gov+12supremecourt.gov+12supreme.justia.com+12.

  • Because the statute clearly distinguishes between administrative and court representation, the Court ruled the cap should not aggregate both phases’ fees.

  • The Court stated: “The 25 percent cap applies only to fees for court representation, not the aggregate fees awarded under § 406(a) and (b)” supremecourt.gov+4supreme.justia.com+4en.wikisource.org+4.

Why This Matters for SSDI Claimants

  • This ruling encourages experienced attorneys to represent clients through both administrative and federal court stages—critical where complex denials require appeals.

  • It removes a significant financial barrier: clients can pay reasonable fees for both stages without attorneys being forced to refund portions under the 25% cap.

  • Culbertson v. Berryhill ensures that claimants in the Eleventh Circuit (Florida, Georgia, Alabama) now benefit from the same fee structure congressional intent envisioned and followed in other circuits .

No Further Updates Post-2019

Since the final judgment in February 2019, there has been no legislative change or further Supreme Court action. The Eleventh Circuit must now comply with the Supreme Court ruling, and claimants can expect increased access to full representation in federal appeals.

What This Means for You

At Culbertson, Jacobs & LaBoda, we fought to ensure that Social Security Disability claimants in Florida can obtain comprehensive legal representation—without outdated fee limits hindering access. This decision confirms every stage of your appeal matters: administrative or federal court.

If your SSDI claim was denied and you are considering an appeal, let our SSDI lawyers guide you through the process with full legal support—motivated, experienced, and fully empowered by this landmark decision.

Contact us today to learn more about your rights and how we can help you secure the benefits you deserve.