United States Third Circuit

In proceedings arising from counsels' motion for attorney's fees under section 406(b) of the Social Security Act, dismissal of the motion as untimely is reversed and remanded to give counsel an opportunity to present evidence of his notification of the award, as the court of appeals holds that Rule 54(d)(2) is the appropriate standard for the filing deadline, subject to tolling until counsel's notification of an award of benefits on remand.

Appellate Information

• Argued 10/28/2009
• Decided 02/02/2010
• Published 02/02/2010

Judges

• Before SMITH, FISHER and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Zenford A. Mitchell (Argued), Pittsburgh, PA, for Appellants.


• For Appellees:
  
• Shawn C. Carver, Robert W. Kosman (Argued), Social Security Administration, Philadelphia, PA, for Appellee.