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BACON v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 85-4685.

786 F.Supp. 434 (1992)

Marie BACON, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. New Jersey.

March 13, 1992.

Attorney(s) appearing for the Case

Abromson & Carey, by Glenn B. Carey, Newark, N.J., for plaintiff.

Michael Chertoff, U.S. Atty. by Susan J. Steele, Special Asst. U.S. Atty., Newark, N.J., for defendant.

OPINION

BISSELL, District Judge.

This case involves an application for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The defendant, the Secretary of Health and Human Services ("the Secretary"), maintains that the application should be denied because the plaintiff's motion was untimely.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff filed applications for Supplemental Security Income ("SSI") and disabled...

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