Fairly Even Split Among The Circuit Courts Passing On The Issue.
On May 21, 2018, the U.S. Supreme Court made public that it has granted certiorari in Culbertson v. Berryhill, No. 17-773. The issue to be decided was framed this way: Whether fees subject to 42 U.S.C. § 406(b)’s 25-percent cap related to the representation of individuals claiming Social Security benefits include, as the U.S. Courts of Appeals for the 6th, 9th, and 10th Circuits hold, only fees for representation in court or, as the U.S. Courts of Appeals for the 4th, 5th, and 11th Circuits hold, also fees for representation before the agency.