Legal Opinion
Walker v. Astrue
Court of Appeals for the Third Circuit
Decided February 2, 2010No. 08-1446, 08-1447PublishedCited by 71 opinions
1Opinion of the Court
OPINION OF THE COURT
FISHER, Circuit Judge.
This case presents a question of first impression in the Third Circuit and one that has divided our sister courts of appeals: what filing deadline under the Federal Rules of Civil Procedure governs a petition for attorney fees under Section 406(b) of the Social Security Act when a case is remanded under sentence four of Section 405(g) for a determination of benefits? The Fifth and Eleventh Circuits have held that Rule 54(d)(2)’s fourteen-day filing deadline applies, see Bergen v. Taylor, 454 F.3d 1273, 1277 (11th Cir.2006); Pierce v. Barnhart, 440…
2Cases cited14 opinions
- Shalala v. SchaeferSupreme Court of the United States · 1993
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
- Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Ahmed v. DragovichCourt of Appeals for the Third Circuit · 2002
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3Cited by71 opinions
- Sinkler v. BerryhillCourt of Appeals for the Second Circuit · 2019
- Pais v. KijakaziCourt of Appeals for the First Circuit · 2022
- Sinkler v. BerryhillDistrict Court, W.D. New York · 2018
- Lenny Ross v. Administrator East Jersey State PrisonCourt of Appeals for the Third Circuit · 2024
- Denise Mannella v. Commissioner IRSCourt of Appeals for the Third Circuit · 2011
66 more not listed; retrieve them via the Exa API.