Feldpausch V. Heckler

Appellant Carroll Feldpausch appeals from an order of the United States District Court for the Western District of Kentucky overruling his motion for an award of attorney fees pursuant to 28 U.S.C. § 2412 (d)(1)(A). Feldpausch brought suit in the Secretary of Health and Human Services ("Secretary") terminating his disability insurance benefits. On November 21, 1983, the district court sustained Feldpausch's motion for summary judgment. No appeal was taken by the Secretary.*fn1 On January 24, 1984, 64 days after judgment, Feldpausch moved for an award of attorney fees under 28 U.S.C. § 2412(d)(1)(A), the Equal Access to Justice Act ("EAJA"), Pub. L. No. 96-481, 94 Stat. 2325 (1980).*fn2 The district court overruled the motion as untimely under 28 U.S.C. § 2412(d)(1)(B) because it was filed more than 30 days after the "final and appealable judgment" of November 21, 1983.