Childs v. Social Security Administration Commissioner

Filing 15

ORDER denying 12 Motion for Attorney Fees. Signed by Honorable Barry A. Bryant on September 19, 2011. (cnn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION FLORENCE M. CHILDS vs. PLAINTIFF Civil No. 1:10-cv-01062 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Pending now before this Court is Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act (“EAJA”). ECF No. 12. This Application was filed on August 18, 2011. Id. On August 26, 2011, Defendant responded to this Application. ECF No. 14. In Defendant’s response, he claims Plaintiff’s Application is barred as untimely. Id. Defendant claims Plaintiff had 90 days from the entry of the final judgment in this matter or until August 4, 2011 to file her Application. Id. Defendant claims that because her Application was not filed until August 18, 2011, it is barred as untimely. Id. In this Court’s Judgment in this matter, Plaintiff was advised to request an EAJA award within 90 days. ECF No. 11. The Judgment was dated May 6, 2011, and 90 days from this date was August 4, 2011. Because Plaintiff did not request EAJA fees by August 4, 2011, her Application is time-barred and is DENIED. See Olson v. Norman, 830 F.2d 811, 821 (8th Cir. 1987) (holding that the deadline for an EAJA fee application is “a mandatory, jurisdictional condition”)(internal citation and quotes omitted). See also Order, Haynes v. Astrue, 1:09-cv-01023 (W.D. Ark. Sept. 27, 2010), ECF No. 14. ENTERED this 19th day of September, 2011. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?