Zakhar Melkonyan v. Margaret M. Heckler, Secretary of Hhs

ORDER

The opinion filed in the above case on June 30, 1989, is withdrawn.

OPINION

Melkonyan appeals from the district court’s judgment denying his application for attorneys’ fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 . Melkonyan challenges the court’s conclusion that the position taken by the Secretary of Health & Human Services (Secretary) was “substantially justified.” Because Melkonyan’s EAJA application was not filed within the jurisdictional time limit, we vacate the judgment and remand for dismissal by the district court.

I

On May 28, 1982, Melkonyan filed an application for supplemental security in come (SSI) disability benefits under Title XVI of the Social Security Act (Act). 42 U.S.C. §§ 1381 et seq. The application was denied. After a hearing, an administrative law judge (ALJ) again denied the application, determining that Melkonyan was not disabled within the meaning of the Act. The Appeals Council affirmed the ALJ’s decision on April 9, 1984. On June 8, 1984, Melkonyan filed a complaint in district court seeking review pursuant to 42 U.S.C. § 1383 (c)(3), which incorporates the judicial review provisions of 42 U.S.C. § 405…