No. 17-773
Title:Richard Allen Culbertson, Petitioner
v.
Nancy A. Berryhill, Acting Commissioner of Social Security
Docketed:November 27, 2017
Linked with 17A279
Lower Ct:United States Court of Appeals for the Eleventh Circuit
   Case Numbers:(16-14004)
   Decision Date:June 26, 2017
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Sep 05 2017Application (17A279) to extend the time to file a petition for a writ of certiorari from September 24, 2017 to November 23, 2017, submitted to Justice Thomas.
Sep 15 2017Application (17A279) granted by Justice Thomas extending the time to file until November 23, 2017.
Nov 21 2017Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court’s electronic filing system.
Nov 21 2017Petition for a writ of certiorari filed. (Response due December 27, 2017)
PetitionCertificate of Word CountProof of Service
Dec 20 2017Motion to extend the time to file a response from December 27, 2017 to January 26, 2018, submitted to The Clerk.
Dec 21 2017Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2018
Jan 25 2018Motion to extend the time to file a response is granted and the time is further extended to and including March 8, 2018.
Jan 25 2018Motion to extend the time to file a response from January 26, 2018 to March 8, 2018, submitted to The Clerk.
Mar 05 2018Motion to extend the time to file a response from March 8, 2018 to March 22, 2018, submitted to The Clerk.
Mar 06 2018Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2018.
Mar 20 2018Motion to extend the time to file a response from March 22, 2018 to April 5, 2018, submitted to The Clerk.
Mar 21 2018Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2018.
Apr 03 2018Letter of March 30, 2018, received from counsel for the petitioner.
Main Document
Apr 05 2018Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration filed.
Main Document
Apr 13 2018Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 received.
Main Document
Apr 18 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018DISTRIBUTED for Conference of 5/17/2018.
May 21 2018Petition GRANTED.
May 21 2018As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
May 24 2018Blanket Consent filed by Petitioner, Richard Culbertson.
Blanket Consent
May 25 2018Amy Weil, Esquire, of Atlanta, Georgia, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jul 03 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief in support is extended to and including July 16, 2018. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 7, 2018.
Jul 03 2018Any amicus briefs in support of the judgment below are due within 7 days after the filing of the brief of Court-appointed amicus curiae in support of the judgment below.
Jul 03 2018Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 16 2018Joint appendix filed.
Main DocumentProof of Service
Jul 16 2018Brief of petitioner Richard Culbertson filed.
Main DocumentCertificate of Word CountProof of Service
Jul 16 2018Brief of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration in support of reversal and remand filed.
Proof of ServiceMain Document
Jul 23 2018Amicus brief of National Organization of Social Security Claimants’ Representatives not accepted for filing. (July 25, 2018) - To be resubmitted with required documents.)
Jul 23 2018Brief amicus curiae of National Organization of Social Security Claimants’ Representatives in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Aug 13 2018Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration.
Proof of ServiceMain Document
Aug 20 2018SET FOR ARGUMENT on Wednesday, November 7, 2018
Sep 06 2018Brief of Court-appointed amicus curiae in support of the judgment below filed.
Main DocumentCertificate of Word CountProof of Service
Sep 06 2018Lodging proposal of Court-appointed amicus curiae filed. (Distributed)
Main Document
Sep 10 2018Record requested from the U.S.C.A. 11th Circuit.
Sep 12 2018CIRCULATED
Oct 01 2018Motion for divided argument filed by respondent GRANTED.
Oct 09 2018Reply of petitioner Richard Culbertson filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 09 2018Reply of respondent Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration filed. (Distributed)
Proof of ServiceMain Document
Oct 24 2018Lodging proposal of respondent filed. (Distributed)
Main Document
Nov 07 2018Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For respondent in support of reversal and remand: Anthony Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For amicus curiae in support of judgment below: Amy L. Weil, Atlanta, Ga. (Appointed by this Court.)
Nov 15 2018Record received from the U.S.C.A. 11th Circuit and the U.S.D.C. Middle district of Florida, is complete and electronic.

NAMEADDRESSPHONE
Attorneys for Petitioner
Daniel Roy Ortiz
    Counsel of Record
University of Virginia School of Law Supreme Court Litigation Clinic
580 Massie Road
Charlottesville, VA 22903

dro@virginia.edu
4349243127
Party name: Richard Culbertson
Attorneys for Respondent
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration
Other
Amy Levin Weil
    Counsel of Record
The Weil Firm
511 East Paces Ferry Road, NE
Atlanta, GA 30305

alw@theweilfirm.com
4045810000
Party name: Court-appointed amicus curiae in support of the judgment below
Eric Schnaufer
    Counsel of Record
Eric Schnaufer, Attorney at Law, P.C.
1555 Sherman Ave.
#303
Evanston, IL 60201

socsecnews@gmail.com
8477331232
Party name: National Organization of Social Security Claimants’ Representatives