Petition or Motion for Attorney=s Fees

The time limits set forth in FR Civ P 54(d) do not apply to petitions or motions for attorney=s fees in Social Security cases. If the plaintiff seeks attorney=s fees pursuant to the Equal Access to Justice Act, a motion for such fees shall be filed within 90 days of the entry of final judgment, pursuant to 28 U.S.C. § 2412(d) and served on the United States Attorney. If the plaintiff seeks attorney=s fees pursuant to 42 U.S.C. § 406(b), such motion for fees shall be filed promptly after the plaintiff receives notice of the amount of past-due benefits, shall be itemized, shall be limited to the time expended in the representation of the plaintiff in federal court, and shall be served on the United States Attorney.