Hoa Hong Van v. Jo Anne B. Barnhart, Commissioner of Social Security Administration
Court of Appeals for the Ninth Circuit
1Opinion of the Court
REINHARDT, Circuit Judge.
I
Hoa Hong Van, a successful claimant for Supplemental Security Income (“SSI”) benefits, appeals the district court’s denial of her application for attorneys’ fees as time-barred by the filing provision in the Equal Access to Justice Act (“EAJA” or “the Act”), which requires a party to submit a fee application “within thirty days of final judgment in the action,” 28 U.S.C. § 2412(d)(1)(B), and defines “final judgment” as “a judgment that is final and not appealable....” Id. § 2412(d)(2)(G). The district court held that because, following a remand under sentence six of…
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