Shalala v. Schaefer
- Decided
- June 24, 1993
- Docket
- 92-311
- Status
- Published
- Jurisdiction
- Federal
Cited 4,378 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (3 of 29 verified; none is a verified overruling) · Gannon v. Commissioner of Social Security
What later courts said
- holding that although a “separate document” is not needed for an order to become appealable, one is needed to render an appeal untimely — United States v. Haynes, Marcus E. (1998)
- holding that a claimant who wins a sentence-four remand order and judgment is a prevailing party entitled to Equal Access to Justice Act fees — Theis v. Astrue (2011)
- holding that because there was no Rule 58 judgment, the time period for filing a petition for attorneys fees under 28 U.S.C. § 2412(d)(1)(B) did not begin to run — Cooper v. Pentecost (1996)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Scalia delivered the opinion of the Court.
This case concerns the proper timing of an application for attorney’s fees under the Equal Access to Justice Act (EAJA) in a Social Security case. Under 42 U. S. C. § 405(g), a claimant has the right to seek judicial review of a final [*294] decision of the Secretary of Health and Human Services denying Social Security benefits. One possible outcome of such a suit is that the district court, pursuant to sentence four of § 405(g), will enter “a judgment . . . reversing the decision of the Secretary . . . [and] remanding the cause for a rehearing.” The issue here is whether the 30-day period for filing an application for EAJA fees begins immediately upon expiration of the time for appeal of such a “sentence-four remand order,” or sometime after the administrative proceedings on remand are complete.
I
Statutes cited
Cite this
Shalala v. Schaefer, 509 U.S. 292 (1993)Read the full opinion
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