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United States judicial review

Culbertson v Berryhill

586 U.S. 129 (2019)
JurisdictionUnited States
CourtUS Supreme Court
Year2019
StatusBinding authority

Summary

The 25% fee cap under 42 U.S.C. § 406(b) applies to each past-due benefits award separately, not to the aggregate of all past-due benefits across both administrative and court proceedings.

Key Principle

Social Security; attorney fees; 25% fee cap under s 406(b) applies per past-due benefits award, not aggregate

Area of Law

employment

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HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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