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SHALALA v. SCHAEFER

No. 92-311.

509 U.S. 292 (1993)

SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES v. SCHAEFER

United States Supreme Court.

Decided June 24, 1993.

Attorney(s) appearing for the Case

William K. Kelley argued the cause pro hac vice for petitioner. On the briefs were Solicitor General Starr, Acting Solicitor General Bryson, Assistant Attorney General Gerson, Deputy Solicitor General Mahoney, Edwin S. Kneedler, and William Kanter.

Randall J. Fuller argued the cause for respondent. With him on the brief were Brian Wolfman and David C. Vladeck.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, in which Blackmun, J., joined, p. 303.

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 decision of the Secretary of Health and Human Services denying Social Security benefits. One possible outcome of such a suit is that...

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