Roberta Salvador v. Donna E. Shalala, Secretary, Health and Human Services

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roberta SALVADOR, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary, Health and Human Services, Defendant-Appellee. No. 92-15552. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1994. * Decided Jan. 12, 1994. Before: ALDISERT, *** WIGGINS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM **** 2 Roberta Salvador appeals from the district court's denial of her application for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Sec. 2412 (d). Salvador contends the district court erred by finding that her application for fees was untimely, thus depriving the court of jurisdiction. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse and remand. 3 Salvador originally brought an action in district court challenging the Secretary's denial of her application for disability benefits. After proceedings in the district court and this court, the district court reversed the…