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HOA HONG VAN v. BARNHART

No. 04-56424.

483 F.3d 600 (2007)

HOA HONG VAN, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2007.

Attorney(s) appearing for the Case

Alexandra T. Manbeck, San Diego, CA, for the plaintiff-appellant.

Peter D. Keisler, Assistant Attorney General, Carol C. Lam, United States Attorney, Janice L. Walli, Regional Chief Counsel, Region IX, John C. Cusker, Assistant Regional Counsel, Social Security Administration, San Francisco, CA, for the defendant-appellee.

Before DOROTHY W. NELSON, STEPHEN REINHARDT, and JAY S. BYBEE, Circuit Judges.

REINHARDT, Circuit Judge.

I

Hoa Hong Van, a successful claimant for Supplemental Security Income ("SSI") benefits, appeals the district court's denial of her application for attorneys' fees as time-barred by the filing provision in the Equal Access to Justice Act ("EAJA" or "the Act"), which requires a party to submit a fee application "within thirty days of final judgment in the action," 28 U.S.C. § 2412(d)(1)(B), and defines "final judgment" as "a...

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