Legal Opinion

Hoa Hong Van v. Jo Anne B. Barnhart, Commissioner of Social Security Administration

Court of Appeals for the Ninth Circuit

Decided February 26, 2007No. 04-56424PublishedCited by 177 opinions

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…

2Cases cited28 opinions

  1. Shalala v. SchaeferSupreme Court of the United States · 1993
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  4. Melkonyan v. SullivanSupreme Court of the United States · 1991
  5. Scarborough v. PrincipiSupreme Court of the United States · 2004

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3Cited by177 opinions

  1. Treichler v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2014
  2. Jianping Li v. KeislerCourt of Appeals for the Ninth Circuit · 2007
  3. Treichler v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2014
  4. McLeod v. AstrueCourt of Appeals for the Ninth Circuit · 2010
  5. Petty v. AstrueDistrict Court, D. Arizona · 2008

172 more not listed; retrieve them via the Exa API.

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