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WALKER v. ASTRUE

Nos. 08-1446, 08-1447.

593 F.3d 274 (2010)

Lawrence WALKER, Appellant v. Michael J. ASTRUE, Commissioner of Social Security, (Pursuant to Rule 43(c), F.R.A.P.). Jeffrey R. Garris, Appellant v. Michael J. Astrue, Commissioner of Social Security (Pursuant to Rule 43(c), F.R.A.P.).

United States Court of Appeals, Third Circuit.

Filed February 2, 2010.

Attorney(s) appearing for the Case

Zenford A. Mitchell (Argued), Pittsburgh, PA, for Appellants.

Shawn C. Carver, Robert W. Kosman (Argued), Social Security Administration, Philadelphia, PA, for Appellee.

Before SMITH, FISHER and STAPLETON, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This case presents a question of first impression in the Third Circuit and one that has divided our sister courts of appeals: what filing deadline under the Federal Rules of Civil Procedure governs a petition for attorney fees under Section 406(b) of the Social Security Act when a case is remanded under sentence four of Section 405(g) for a determination of benefits? The Fifth and Eleventh Circuits have held that...

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