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MARTINDALE v. SULLIVAN

No. 89-7105.

890 F.2d 410 (1989)

Shelly MARTINDALE, Jr., Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 13, 1989.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Jenny L. Smith, Marvin Neil Smith, Jr., D. Wayne Rogers, Jr., Asst. U.S. Attys., Birmingham, Ala., for defendant-appellant.

Lisa Janet Naas, Legal Services of North-Central Alabama, Decatur, Ala., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

PER CURIAM:

The only issue presented in this appeal is whether the district court's order under 42 U.S.C.A. § 405(g) reversing the decision of the Secretary of Health and Human Services to deny disability benefits to Martindale was a "final judgment" which, when no longer appealable, commenced the thirty day period in which an application could be made for attorney's fees under the Equal Access to Justice Act, 28 U.S.C.A. § 2412(d) ("EAJA").

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