United States Sixth Circuit

In an appeal arising from Social Security proceedings, an order denying plaintiff's application for attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA) is affirmed where: 1) plaintiff could not collect any attorney's fees or expenses if her initial fee application was not timely filed; and 2) the district court did not abuse its discretion by concluding that equitable tolling was not warranted. In the ordinary case, a fee applicant cannot recover any attorney's fees or expenses related to a case unless the district court, treating the case as a whole, determines that the applicant has satisfied the EAJA's four requirements, including the requirement that the applicant file a fee application within thirty days of final judgment (subject to equitable tolling).

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

Court

• United States Sixth Circuit

Counsel