In proceedings arising from counsels' motion for attorney's fees under section 406(b) of the Social Security Act, dismissal of the motion as untimely is reversed and remanded to give counsel an opportunity to present evidence of his notification of the award, as the court of appeals holds that Federal Rule of Civil Procedure 54(d)(2) is the appropriate standard for the filing deadline, subject to tolling until counsel's notification of an award of benefits on remand.
On Appeal from the United States District Court for the Western District of Pennsylvania
Opinion Filed February 2, 2010
Opinion by Circuit Judge Fisher
For Appellant: Zenford A. Mitchell
For Appellee: Shawn C. Carver, Robert W. Kosman, Social Security Administration