Sanchez

Sanchez v. Astrue

Good Law
273 F. App'x 686
United States Court of Appeals for the Ninth CircuitApril 16, 2008No. 06-56505California695 words

Opinion

Lead Opinion

MEMORANDUM ***

Steven Sanchez appeals the district court’s denial of his motion for attorneys’ fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d), which followed the remand of Sanchez’s application for disability benefits to the Commissioner of Social Security (“Commissioner”) for further proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . “We review a district court’s denial of attorneys’ fees under the EAJA for an abuse of discretion.” Akopyan v. Barnhart, 296 F.3d 852, 856 (9th Cir.2002). We affirm.

Sanchez’s motion for attorneys’ fees under EAJA was untimely because it was not filed until June 21, 2006, more than thirty days after the district court’s judgment of remand pursuant to sentence four of 42 U.S.C. § 405 (g), which was filed on August 11, 2005, and became final on October 10, 2005. See 28 U.S.C. § 2412 (d)(1)(B) (“A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses....”); Shalala v. Schaefer, 509 U.S. 292, 297 , 113 S.Ct. 2625 , 125 L.Ed.2d 239 (1993) (“[It is not] possible to argue that the judgment…

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