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SUPREME COURT OF THE UNITED STATES
_________________
No. 17–773
_________________
RICHARD ALLEN CULBERTSON, PETITIONER
v.
NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY
on writ of certiorari to the united states
court of appeals for the eleventh circuit
[January 8, 2019]
Justice Thomas delivered the opinion of the
Court.
Federal law regulates the fees that attorneys
may charge Social Security claimants for representation before the
Social Security Administration and a reviewing court. See 42
U. S. C. §§406(a)–(b). The question in this case is
whether the statutory scheme limits the aggregate amount of fees
for both stages of representation to 25% of the claimant’s past-due
benefits. Because §406(b) by its terms imposes a 25% cap on fees
only for representation before a court, and §406(a) has separate
caps on fees for representation before the agency, we hold that the
statute does not impose a 25% cap on aggregate fees.
I
A
Title II of the Social Security Act, 49Stat.
622, as amended, 42 U. S. C. §401
et seq., “is an
insurance program” that “provides old-age, survivor, and disability
benefits to insured individuals irrespective of financial need.”
Bowen v.
Galbreath, 485 U. S. 74, 75 (1988). A
claimant’s application for Title II benefits can result in payments
of past-due benefits—
i.e., benefits that accrued before a
favorable decision, 20 CFR §404.1703 (2018)—as well as ongoing
monthly benefits, see 42 U. S. C. §423(a). A claimant who
has been denied benefits “in whole or in part” by the Social
Security Administration may seek administrative review of the
initial agency determination, §405(b), and may then seek judicial
review of the resulting final agency decision, §405(g).
As presently written, the Social Security Act
“discretely” addresses attorney’s fees for the administrative and
judicial-review stages: “§406(a) governs fees for representa-tion
in administrative proceedings; §406(b) controls fees for
representation in court.”
Gisbrecht v.
Barnhart, 535
U. S. 789, 794 (2002). The original Social Security Act made
no such provision for attorney’s fees in either proceeding.
Id., at 793, n. 2. But in 1939, “Congress amended the
Act to permit the Social Security Board to prescribe maximum fees
attorneys could charge for representation of claimants before the
agency.”
Ibid. In 1965, Congress added a new subsection (b)
to §406 that explicitly prescribed fees for representation before a
court and “allow[ed] withholding of past-due benefits to pay” these
fees directly to the attorney. Social Security Amendments of 1965,
§332, 79Stat. 403;
Bowen, 485 U. S., at 76. In 1968,
Congress amended subsection (a) to give the agency similar
withholding authority to pay attorney’s fees incurred in
administrative proceedings.
Id., at 76.
Section 406(a) is titled “Recognition of
representatives; fees for representation before Commissioner” of
Social Security. It includes two ways to determine fees for
representation before the agency, depending on whether a prior fee
agreement exists. If the claimant has a fee agreement, subsection
(a)(2) caps fees at the lesser of 25% of past-due benefits or a set
dollar amount—currently $6,000. §406(a)(2)(A); Maximum Dollar Limit
in the Fee Agreement Process, 74 Fed. Reg. 6080 (2009). Absent a
fee agreement, subsection (a)(1) gives the agency authority to
“prescribe the maximum fees which may be charged for services
performed in connection with any claim” before the agency. If the
claimant obtains a favorable agency determination, the agency may
allot “a reasonable fee to compensate such attorney for the
services performed by him.”
Subsection (a)(4) requires the agency to
withhold up to 25% of past-due benefits for direct payment of any
fee for representation before the agency:
“[I]f the claimant is determined to be
entitled to past-due benefits under this subchapter and the person
representing the claimant is an attorney, the Commissioner of
Social Security shall . . . certify for payment out of
such past-due benefits . . . to such attorney an amount
equal to so much of the maximum fee as does not exceed 25 percent
of such past-due benefits . . . .”
Section 406(b) is titled “Fees for
representation before court.” Subsection (b)(1)(A) both limits
these fees to no more than 25% of past-due benefits and allows the
agency to withhold past-due benefits to pay these fees:
“Whenever a court renders a judgment
favorable to a claimant under this subchapter who was represented
before the court by an attorney, the court may determine and allow
as part of its judgment a reasonable fee for such representation,
not in excess of 25 percent of the total of the past-due benefits
to which the claimant is entitled by reason of such judgment, and
the Commissioner of Social Security may . . . certify the
amount of such fee for payment to such attorney out of, and not in
addition to, the amount of such past-due benefits.”
At issue is whether §406(b)’s 25% cap limits the
aggregate fees awarded for representation before both the agency
under §406(a) and the court under §406(b), or instead limits only
the fee awarded for court representation under §406(b).
B
Petitioner Richard Culbertson represented
claimant Katrina Wood in proceedings seeking Social Security
disability benefits. After the agency denied Wood benefits, she
brought an action in district court. For the court action, Wood
signed a contingency-fee agreement “to pay a fee of 25 percent of
the total of the past-due benefits to which [she] is entitled” in
consideration for Culbertson’s “representation of [her] in Federal
Court.” App. 8–9. The agreement excludes fees for “any
representation before” the agency.
Id., at 9.
The District Court reversed the agency’s denial
of benefits and remanded for further proceedings. The court granted
Wood attorney’s fees under the Equal Access to Justice Act (EAJA),
which authorizes an award against the Government for reasonable
fees in “civil action[s].” 28 U. S. C. §§2412(d)(1)(A)
and (2)(A).
On remand, the agency awarded Wood past-due
disability benefits and withheld 25% of those benefits to pay any
attorney’s fees that might ultimately be awarded. The agency also
awarded Culbertson §406(a) fees for representing Wood before the
agency.
Culbertson then moved the District Court for a
separate fee award under §406(b) for representing Wood there. After
accounting for the EAJA award, see
Gisbrecht,
supra,
at 796; App. 9, this request amounted to a full 25% of past-due
benefits. The court granted Culbertson’s request only in part
because he did not subtract the amount he had already received
under §406(a) for his agency-level representation. The Eleventh
Circuit affirmed, relying on Circuit precedent to hold that “the
25% limit from §406(b) applies to total fees awarded under both
§406(a) and (b), ‘preclud[ing] the aggregate allowance of
attorney’s fees greater than twenty-five percent of the past due
benefits received by the claimant.’ ”
Wood v.
Commissioner of Social Security, 861 F. 3d 1197, 1205
(2017) (quoting
Dawson v.
Finch, 425 F. 2d 1192,
1195 (CA5 1970); emphasis deleted).[
1]*
Given a conflict between the Circuits on this
question, see 861 F. 3d, at 1205–1206, we granted certiorari.
584 U. S. ___ (2018). Because no party defends the judgment,
we appointed Amy Weil to brief and argue this case as
amicus
curiae in support of the judgment below. 584 U. S. ___
(2018).
Amicus Weil has ably discharged her assigned
responsibilities.
II
A
We “begi[n] with the language of the statute
itself, and that is also where the inquiry should end, for the
statute’s language is plain.”
Puerto Rico v.
Franklin
Cal. Tax-Free Trust, 579 U. S. ___, ___ (2016) (slip op.,
at 9) (internal quotation marks omitted). Under §406(b), when a
court “renders a judgment favorable to a claimant . . .
who was represented before the court by an attorney,” the court may
award “a reasonable fee for
such representation, not in
excess of 25 percent of the total of the past-due benefits to which
the claimant is entitled by reason of such judgment.” 42
U. S. C. §406(b)(1)(A) (emphasis added). Both at the time
of enactment and today, the adjective “such” means “[o]f the kind
or degree already described or implied.” H. Fowler & F.
Fowler, Concise Oxford Dictionary of Current English 1289 (5th ed.
1964); Black’s Law Dictionary 1661 (10th ed. 2014) (“[t]hat or
those; having just been mentioned”). Here, the only form of
representation “already described” in §406(b) is “represent[ation]
before the court by an attorney.” Accordingly, the 25% cap applies
only to fees for representation before the court, not the
agency.
This interpretation is supported by “the
structure of the statute and its other provisions.”
Maracich
v.
Spears, 570 U. S. 48, 60 (2013). As an initial
matter, subsections (a) and (b) address different stages of the
representation. Section 406(a) addresses fees for representation
“before the Commissioner,” whereas §406(b) addresses fees for
representation in court. Because some claimants will prevail before
the agency and have no need to bring a court action, it is
unsurprising that the statute contemplates separate fees for each
stage of representation.
These subsections also calculate fees
differently. Section 406(b) applies a flat 25% cap on fees for
court representation. By contrast, §406(a) provides two ways to
determine fees for agency proceedings. Subsection (a)(2) caps fees
based on a fee agreement at the lesser of 25% of past-due benefits
or $6,000.
Supra, at 2. If there is no fee agreement, the
agency may set any fee, including a fee greater than 25% of
past-due benefits, so long as the fee is “reasonable.”
§406(a)(1).
Given this statutory structure, applying
§406(b)’s 25% cap on court-stage fees to §406(a) agency-stage fees,
or the aggregate of §§406(a) and (b) fees, would make little sense.
Many claimants will never litigate in court, yet under the
aggregate reading, agency fees would be capped at 25% based on a
provision related exclusively to representation in court. Absent a
fee agreement, §406(a)(1) subjects agency fees only to a
reasonableness limitation, so applying §406(b)’s cap to such fees
would add a limitation that Congress did not include in the
relevant provision of the statute. If Congress had wanted these
fees to be capped at 25%, it presumably would have said so directly
in subsection (a), instead of providing for a “reasonable fee” in
that subsection and adding a 25% cap in §406(b) without even
referencing subsection (a). Thus, the structure of the statute
confirms that §406(b) caps only court representation fees.
B
Amicus Amy Weil agrees that “§406(a)
and §406(b) provide separate avenues for an award of attorney’s
fees for representation of a Social Security claimant,” but
emphasizes that “these fees are certified for payment out of a
single source: the 25% of past-due benefits withheld by the
Commissioner.” Brief for Court-Appointed
Amicus Curiae 10.
According to
Amicus, “[b]ecause the Commissioner withholds
only one pool of 25% of past-due benefits from which to pay
attorney’s fees for both agency and court representation, for an
attorney to collect a fee that exceeds the 25% pool of withheld
disability benefits,” the attorney may “need to file a lawsuit
against his disabled client” to collect the difference.
Id.,
at 23–24. Therefore,
Amicus urges, “[w]hen the statute is
read as a whole,” “it is evident that Congress placed a cumulative
25% cap on attorney’s fees payable for successful representation of
a Social Security claimant before both the agency and the court.”
Id., at 10.
Amicus is quite right that presently the
agency withholds a single pool of 25% of past-due benefits for
direct payment of agency and court fees. See Social Security
Administration, Program Operations Manual System (POMS),
GN 03920.035(A), online at https://policy.ssa.gov/
poms.nsf/lnx/0203920035 (as last visited Jan. 2, 2019); see also 20
CFR §§404.1730(a) and (b)(1)(i). And
Amicus sensibly argues
that if there is only a single 25% pool for direct payment of fees,
Congress might not have intended aggregate fees higher than 25%.
This argument is plausible, but the statutory text in fact provides
for two pools of money for direct payment of fees. Any shortage of
withheld benefits for direct payment of fees is thus due to agency
policy.
Under §406(a)(4), the agency “shall” certify for
direct payment of agency representation fees “an amount equal to so
much of the maximum fee as does not exceed 25 percent of” past-due
benefits. In other words, this subsection requires that the agency
withhold the approved fees for work performed in agency
proceedings, up to 25% of the amount of the claimant’s past-due
benefits. But this is not the only subsection that enables the
agency to withhold past-due benefits for direct payment of fees.
Section 406(b)(1)(A) provides that the agency “may” certify
past-due benefits for direct payment of court representation fees.
As the Government explains, the agency has nevertheless “exercised
its discretion . . . to withhold a total of 25% of
past-due benefits for direct payment of the approved agency
and court fees.” Reply Brief for Respondent 8 (emphasis
added). The agency’s choice to withhold only one pool of 25% of
past-due benefits does not alter the statutory text, which
differentiates between agency representation in §406(a) and court
representation in §406(b), contains separate caps on fees for each
type of representation, and authorizes two pools of withheld
benefits.
More fundamentally, the amount of past-due
benefits that the agency can withhold for direct payment does not
delimit the amount of fees that can be approved for representation
before the agency or the court. The attorney might receive a direct
payment out of past-due benefits, but that payment could be less
than the fees to which the attorney is entitled. Indeed, prior to
1968, the statute allowed fees for agency representation but lacked
a provision for direct payment of such fees from past-due benefits.
See
supra, at 2. And under the current §§406(a)(1) and (4),
the agency can award a “reasonable fee” that exceeds the 25% of
past-due benefits it can withhold for direct payment.
In short, despite the force of
Amicus’
arguments, the statute does not bear her reading. Any concerns
about a shortage of withheld benefits for direct payment and the
consequences of such a shortage are best addressed to the agency,
Congress, or the attorney’s good judgment.
* * *
Because the 25% cap in §406(b)(1)(A) applies
only to fees for court representation, and not to the aggregate
fees awarded under §§406(a) and (b), the judgment of the United
States Court of Appeals for the Eleventh Circuit is reversed, and
the case is remanded for further proceedings consistent with this
opinion.
It is so ordered.
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