Virginia L. HOLT, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellant

The government appeals a district court order granting attorney’s fees under the Equal Access to Justice Act (“EAJA”) in a Social Security benefits case. The only issue is whether the district court correctly exercised jurisdiction over Virginia Holt’s EAJA petition. The merits of the fee application are not disputed. We hold that the court had jurisdiction to consider the petition, because the Supreme Court’s decision in Shalala v. Schaefer, — U.S.—, 113 S.Ct. 2625 , 125 L.Ed.2d 239 (1993) does not apply retroactively. ' We therefore affirm the decision granting Holt attorney’s fees.

I. FACTS

On March 1, 1991, Virginia Holt brought suit in federal district court alleging that the Secretary of Health and Human Services had erroneously denied her 1988 application for disability benefits. On June 18, 1991, the district court reversed and remanded the case pursuant to Sentence 4 of 42 U.S.C. § 405 (g). A final judgment was entered at that time. On remand, the Secretary awarded Holt benefits.

Holt then returned to district court on February 4, 1992, seeking attorney’s fees under the Equal Access to Justice Act. 28 U.S.C. § 2412 (d). In filing for fees at that time, Holt was…