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- Subject: MELKONYAN v. SULLIVAN, Syllabus
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-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- MELKONYAN v. SULLIVAN, SECRETARY OF
- HEALTH AND HUMAN SERVICES
-
-
- certiorari to the united states court of appeals for the ninth circuit
-
- No. 90-5538. Argued April 15, 1991 -- Decided June 10, 1991
-
- Petitioner filed suit in the District Court under 42 U. S. C. MDRV
- 1383(c)(3), which incorporates 42 U. S. C. MDRV 405(g)'s review provisions,
- seeking review of a final decision of respondent Secretary of Health and
- Human Services denying his application for disability benefits under the
- Supplemental Security Income program. While his case was pending, he filed
- a new application, accompanied by additional evidence of disability, and
- was awarded benefits. Subsequently, the Secretary requested that the court
- remand the first claim for reconsideration. Responding to petitioner's
- motion that it either issue a decision on his motion for summary judgment
- or remand the case, the court granted the Secretary's remand motion,
- "concurred in by plaintiff," and remanded the case "to the Secretary for
- all further proceedings." On remand, the first decision was vacated and
- petitioner was found disabled as of his original application date. Over a
- year later, he applied to the District Court for attorney's fees under the
- Equal Access to Justice Act (EAJA), which, inter alia, permits an award of
- fees and expenses to a party prevailing against the United States "in any
- civil action . . . in any court," 28 U. S. C. MDRV 2412(d)(1)(A), upon an
- application made within 30 days of "final judgment in the action," MDRV
- 2412(d)(1)(B). The court denied the request on the ground that the
- Secretary's position in the litigation had been substantially justified.
- However, the Court of Appeals vacated, concluding that petitioner's
- application was untimely because the administrative determination on remand
- was a "final judgment," which triggered the 30-day period.
- Held:
- 1. The EAJA's plain language makes clear that a "final judgment" for
- purposes of MDRV 2412(d)(1)(B) is a judgment rendered by a court that
- terminates the civil action for which EAJA fees may be received.
- Subsections (d)(1)(A) and (d)(1)(B) work in tandem, and subsection
- (d)(1)(B)'s requirement that the fee application be filed within 30 days of
- "final judgment in the action" (emphasis added) plainly refers back to the
- "civil action . . . in any court" in subsection (d)(1)(A). This reading is
- reinforced by the contrast between MDRV 2412 and 5 U. S. C. MDRV 504(a),
- the only EAJA provision allowing awards for administrative proceedings
- conducted prior to the filing of a civil action. While MDRV 504(a)(2)'s
- pertinent language largely mirrors that of MDRV 2412(d)(1)(B), it requires
- that a fee application be filed within 30 days "of a final disposition in
- the adversary adjudication," which includes an administrative agency's
- adjudication, rather than "final judgment in the action," which a court
- renders. The Secretary errs in arguing that the EAJA's definition of
- "final judgment" -- "final and not appealable" -- differs so significantly
- from the traditional definition -- final and appealable -- that it must
- include administrative agencies' decisions, since this suggestion does not
- alter MDRV 2412(d)(1)(B)'s unambiguous requirement of judgment by a court,
- and since Congress adopted this unusual definition to clarify that a
- judgment was final only after the time for taking an appeal from a district
- court's judgment had expired. Sullivan v. Hudson, 490 U. S. 877, is not to
- the contrary, for it stands only for the proposition that a claimant may
- collect EAJA fees for work done in postremand administrative proceedings
- where a civil action has been filed, the district court retains
- jurisdiction over the action, and contemplates entering a judgment at the
- proceedings' completion. Pp. 3-7.
- 2. A district court may remand a final decision of the Secretary only
- as provided in sentences four and six of 42 U. S. C. MDRV 405(g): in
- conjunction with a judgment affirming, modifying, or reversing the
- Secretary's decision (sentence four), or in light of additional evidence
- without any substantive ruling as to the correctness of the Secretary's
- decision, but only if the claimant shows good cause for failing to present
- the evidence earlier (sentence six). The conclusion that Congress intended
- to so limit courts' authority to enter remand orders is dictated by MDRV
- 405(g)'s language, which explicitly delineates only two circumstances under
- which such remands are authorized, cf. United States v. Smith, --- U. S.
- ---, and is supported by MDRV 405(g)'s legislative history. This view also
- harmonizes with the EAJA's final judgment requirement, with the 30day
- period beginning in sentence four cases after the court enters its judgment
- and the appeal period runs, and beginning in sentence six cases after the
- Secretary returns to court following a postremand proceeding's completion,
- the court enters a judgment, and the appeal period runs. Pp. 7-12.
- 3. This matter must be remanded for the District Court to clarify its
- order because the record does not clearly indicate what it intended by its
- disposition. It is not certain that this was a sentence six remand. The
- court did not make a "good cause" finding or seem to anticipate that the
- parties would return to court, and it may be that the court treated the
- joint remand request as a voluntary dismissal under Federal Rule of Civil
- Procedure 41(a). If it was a sentence six remand, once the Secretary
- returns to the District Court and the court enters a final judgment,
- petitioner will be entitled to EAJA fees unless the Secretary's position
- was substantially justified, an issue the Court of Appeals never addressed.
- And if it was not such a remand, petitioner may be entitled to no fees at
- all. Pp. 12-13.
- 4. This case is not an appropriate vehicle for resolving the issue
- whether petitioner's application is timely. In a sentence six remand, he
- will not be prejudiced if the District Court determines that an application
- filed before final judgment is sufficient or if he reapplies after the
- judgment's entry. And timeliness may not be at issue if this was not a
- sentence six remand. P. 13.
-
- 895 F. 2d 556, vacated and remanded.
-
- O'Connor, J., delivered the opinion for a unanimous Court.
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