SCOTUS blog gives a preview of the oral arguments coming up this week before the Supreme Court in Culbertsonv. Berryhill on the computation of federal court attorney fees for representation in Social Security cases in the federal courts.
Very interesting case. I am hoping to tune in to the oral arguments. Any thoughts on which way it will go Mr. Hall? As tough as these cases are getting all the way around I would hate to see a limit imposed on attorney fees.
Supreme Court arguments are not streamed live, but I believe they are made available at the end of the week at oyez.org.
My thoughts on how it will go; I believe the cumulative cap will end. First, the Court is taking up the case with an even split among the circuits, but a split only extending to six of the circuits. That indicates an issue with the underlying decision, not necessarily to resolve the issue at a national level. Also, the statutory language side of the case goes against the cumulative cap, and that side of the Court has been growing stronger with Gorsuch, Kavanaugh, and Kagan.
I believe it's clear that Congress INTENDED to cap fees at 25%. I also intended to convince the ALJ that I am disabled and I believed he would treat me fairly. This case boils down to those who go by the "letter" of the law vs. the Intent. I think Kavanaugh , Thomas and Alito vote on the letter of the law while Ginsburg, Roberts, Sotomayer and Breyer are on the Intent. That leaves Kagan and Gorsuch. I think Gorsuch may lean toward intent. Also, Breyer could join those 2 if they side with the letter of the law. He did seem more concerned about the lawyers not getting paid enough than the claimant .
I had not realized this reached the Supreme Court. A concerning case.
ReplyDeleteVery interesting case. I am hoping to tune in to the oral arguments. Any thoughts on which way it will go Mr. Hall? As tough as these cases are getting all the way around I would hate to see a limit imposed on attorney fees.
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ReplyDeleteSupreme Court arguments are not streamed live, but I believe they are made available at the end of the week at oyez.org.
My thoughts on how it will go; I believe the cumulative cap will end. First, the Court is taking up the case with an even split among the circuits, but a split only extending to six of the circuits. That indicates an issue with the underlying decision, not necessarily to resolve the issue at a national level. Also, the statutory language side of the case goes against the cumulative cap, and that side of the Court has been growing stronger with Gorsuch, Kavanaugh, and Kagan.
Elections have consequences.
ReplyDeleteI believe it's clear that Congress INTENDED to cap fees at 25%. I also intended to convince the ALJ that I am disabled and I believed he would treat me fairly. This case boils down to those who go by the "letter" of the law vs. the Intent. I think Kavanaugh , Thomas and Alito vote on the letter of the law while Ginsburg, Roberts, Sotomayer and Breyer are on the Intent. That leaves Kagan and Gorsuch. I think Gorsuch may lean toward intent. Also, Breyer could join those 2 if they side with the letter of the law. He did seem more concerned about the lawyers not getting paid enough than the claimant .
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