Onnik PAPAZIAN, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Onnik Papazian appeals the district court’s order denying for lack of subject matter jurisdiction his motion for attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d) (West Supp. 1987). We agree with Papazian that his application was timely filed. We reverse and remand.

FACTS AND PRIOR PROCEEDINGS

On November 29, 1984, Papazian applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433 (1982). An administrative law judge (“ALJ”) found that Papazian was not disabled and not entitled to disability benefits. The Appeals Council denied review of the AU’s decision and on April 7, 1986, Papazian filed a complaint in the district court seeking judicial review of the Secretary’s denial of benefits. During the pend-ency of that action the parties agreed that Papazian was disabled. Accordingly, the district court on December 5, 1986, entered a “Stipulation for Remand of Action; and Order Thereon” prepared by the Office of the United States Attorney signed by the parties, the magistrate, and the district judge. On remand, the Appeals Council found Papazian disabled from July 27, 1984, and awarded him benefits on…