Jn the Supreme Court of the United States COPY Paitioner, ucky Lae SMTi, CY A. Brite ti Deputy Commissioner for Operations, Social Security Administration, Responcent ‘On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Cireuit PETITION FOR AWRIT OF CERTIORARI ELGENER. Fiosul ANDREWS. PINcts Yale Law Schoo! Counsel of Record Supreme Court Cline PAUL. HUGHES 127 Wall Steet, Chames A RovbED New Haven, CT 06517 MichsttB-Kising (203) 432-1992 Mayer Brower LLP. 1999 Sirect, XW Woramvsivecyamwsky Washington, DC 20006 Cybrivsky Wolodymyr (202) 263.3000 Lane Office apincusBmayerbrown.com 214 South Central Avenue Prestonsburg, KY 11633 (606) 836-5389 ‘uns fr PetitionerQUESTION PRESENTED "The Social Security Act provides for judicial re- view of administrative decisions rejecting bonefite claims: “[a)ny individual, after any final decision of ‘the Commissioner of Social Security made after a ‘hearing to which he was a party,” may obtain judicial review of that decision in federal court. 42 US.C. § 405(8). Disability benefit claims are intially heard by an ‘administrative law judge; adverse decisions may be ‘appealed to the Appeals Council. Appeals Council decisions rejecting a claim on the merits are subject ‘to judicial review. But the courts of appeals disagree about whether judicial roview is available when the Appeals Council finally rejects a clsim on the ground ‘that the claimants administrative appeal was not timely. ‘The question presented is whether the Appeals Council's decision to reject a disability claim on the ground that the claimant's appeal was untimely is a “final decision’ subject to judicial review under Sec- tion 405(@),‘A. Thor ls An Acknowledged Conflict Over The Question Presented. 1. Inthe Eleventh Circuit, Appeals Council diumiseala are deemed “Saal decisions” eubject to judicial review. 2. Other courts of appenls hod that Appeals Council dismissals are not reviewable. 8. The conflict i entrenched, nel B, The Question Presented Has Great Importance. 1. Disability asistance is ital for fallen enn 13 2, Judicial review of agony action is trial to ensuring fair ation by Appendix A — Court of apposls panel opinion (January 26, 2018) Appendix B — District court order (May 11, Diets aa