Steven PETTYJOHN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee

This appeal1 arises from the district court’s denial of plaintiffs application for fees under the Equal Access to Justice Act (EAJA)2 as untimely 801 F.Supp. 503. Plaintiff applied for social security disability benefits and an administrative law judge (ALJ) initially denied benefits. After the Appeals Council denied plaintiffs request for review, plaintiff filed suit in the district court challenging the Secretary’s decision. The district court issued a “Memorandum Opinion” dated November 30,1989, reversing and remanding the Secretary’s decision because it found insubstantial evidence to…