U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Walker v. Astrue, No. 08-1446

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. 

Read Walker v. Astrue, No. 08-1446

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania

Opinion Filed February 2, 2010


Before:  FisherSmith and Stapleton, Circuit Judges

Opinion by Circuit Judge Fisher


For Appellant:  Zenford A. Mitchell

For Appellee:   Shawn C. Carver, Robert W. Kosman, Social Security Administration