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)

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