United States Tenth Circuit

In a social security case, denial of claimant's application for an award of attorney's fees under the Equal Access to Justice Act (EAJA) as untimely is reversed and remanded where claimant filed her EAJA application within thirty days of the day when the sixty-day period for the parties to appeal the district court's remand order and judgment expired, and thus, the application was timely.

Appellate Information

• Decided 08/17/2007
• Published 08/20/2007

Judges

• BRORBY, Senior Circuit Judge., Before HENRY and ANDERSON, Circuit Judges, and BRORBY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Richmond J. Brownson, Timothy M. White, Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Sheldon J. Sperling, United States Attorney, Cheryl R. Triplett, Assistant United States Attorney, Tina M. Waddell, Regional Chief Counsel, Mary F. Lin, Special Assistant United States Attorney, Office of the General Counsel, Region VI, Social Security Administration, Dallas, TX, for Defendant-Appellee.