US · rules
S.D. W. Va. LR Civ P 9.6
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.
Provenance
- Source
- www.wvsd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
72e4a06787d2d8dab53d6482649fa59b5be868fcabe91c75b3acfbe63f4e0bd4
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