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.
- Argued 11/15/2006
- Submitted 11/15/2006
- Decided 02/26/2007
- Published 02/26/2007
REINHARDT, Circuit Judge., Before DOROTHY W. NELSON, STEPHEN REINHARDT, and JAY S. BYBEE, Circuit Judges.
United States Ninth Circuit
Alexandra T. Manbeck, San Diego, CA, for the plaintiff-appellant.
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.