Legal Opinion
Mary GOATCHER, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee
Court of Appeals for the Tenth Circuit
Decided June 14, 1995No. 94-6108PublishedCited by 17 opinions
1Opinion of the Court
ORDER
This matter is before the court on appellant’s motion for attorney’s fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. For the reasons that follow, we deny the motion as premature, without prejudice to refiling. In doing so, we clarify the events that trigger a timely EAJA fee application.
Appellant was, below, an unsuccessful claimant for social security disability benefits. We determined on appeal that the administrative law judge, whose decision became the final decision of the Secretary, had failed to apply the correct legal standards. Therefore, on April…
2Cases cited3 opinions
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Jack J. Bender v. William P. Clark, as Successor to James G. WattCourt of Appeals for the Tenth Circuit · 1984
3Cited by17 opinions
- Richard H. Frazier v. Kenneth S. Apfel, Commissioner, Social Security AdministrationCourt of Appeals for the Tenth Circuit · 2001
- Lorita Bryan v. Office of Personnel ManagementCourt of Appeals for the Tenth Circuit · 1999
- Jerry RICHMOND, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- Olenhouse v. Commodity Credit Corp.District Court, D. Kansas · 1996
- Walker v. CallahanDistrict Court, D. Kansas · 1997
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