Read Van v. Barnhart, 04-56424

The Equal Access to Justice Act's (EAJA) 30-day filing period does not begin to run until after the 60-day appeal period in Federal Rule of Appellate Procedure 4(a) has lapsed, even when the Commissioner of Social Security Administration, following a sentence-six remand, has awarded benefits to a claimant who then obtains a judgment to which the Commissioner consents in the district court.

Appellate Information

• Argued 11/15/2006
• Submitted 11/15/2006
• Decided 02/26/2007
• Published 02/26/2007

Judges

• REINHARDT, Circuit Judge., Before DOROTHY W. NELSON, STEPHEN REINHARDT, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alexandra T. Manbeck, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Carol C. Lam, United States Attorney, Janice L. Walli, Regional Chief Counsel, Region IX, John C. Cusker, Assistant Regional Counsel, Social Security Administration, San Francisco, CA, for the defendant-appellee.