For timeliness may be subject to judicial review, Supreme Court rules Social Security Administration dismissals
By Staff Reporter | May 29, 2019 03:52 PM EDT
The US Supreme Court ruled in Smith v. Berryhill Tuesday that Social Security Administration (SSA) disputes dismissed for timeliness may be subject to judicial review in a federal court.
This case stems from 42 USC § 405(g), which allows judicial review of "any final decision ... made after a hearing." Currently, individuals seeking review of a SSA decision must adhere to a four-step process. First, they must seek an initial determination on their eligibility. Then they must seek a reconsideration of the initial SSA determination. The claimant must then request a hearing by an Administrative Law Judge