Filing and service procedures

A party has 30 days after the final disposition of the adversary adjudication to file an EAJA application. See the filing deadline stated in 2204.301(a).

An EAJA application must be filed with the judge who conducted the adversarial adjudication. This filing location is specified in 2204.301(a).

The application must identify the applicant and the proceeding for which an award is sought and must state whether the applicant prevailed or not. See the identification and showing requirements in 2204.301(b).

• Identify the applicant (name and, if not an individual, number of employees and brief description of the organization).
• Identify the specific proceeding or case for which the award is requested.
• State whether the applicant prevailed or, if not, explain why relief is sought under the excess/unreasonable demand standard.

If the applicant prevailed, the application must show that the applicant has prevailed and must identify the Secretary's position that the applicant alleges was not substantially justified. See the prevailing-party requirements in 2204.301(b).

• Identify each Secretary position alleged to lack substantial justification.

If the applicant did not prevail, the application must show that the Secretary's demand was substantially in excess of the judge's or Commission's decision and that the demand was unreasonable compared with that decision under the facts and circumstances of the case. See the non-prevailing-party standard in 2204.301(b).

• Identify the Secretary's demand alleged to be excessive and explain why it was unreasonable relative to the decision.

A non-individual applicant must state the number of its employees and briefly describe the type and purpose of its organization or business. See this requirement in 2204.301(b).

The application must show that the applicant meets the definition of "party" in 2204.201 and must include adequate documentation of net worth as set forth in 2204.302. See the party and net-worth documentation requirement in 2204.301(c).

• Provide whatever documentation 2204.302 requires to substantiate net worth.

The application must state the amount of fees and expenses for which an award is sought and provide adequate documentation supporting those fees and expenses, subject to the requirements and limitations of 5 U.S.C. 504(b)(1)(A). See the fees-and-documentation rule in 2204.301(d) and the documentation standard in 2204.303.

• Attach invoices, time records, or other documentation as required by 2204.303.

The application must be signed by the applicant or an authorized officer, attorney, or agent and must contain or be accompanied by a written verification under penalty of perjury that the information provided is true and correct. See the signature and verification requirements in 2204.301(e).

Yes; an authorized officer, attorney, or agent may sign the application on behalf of the applicant, but the application must still include the written verification under penalty of perjury that the information is true and correct. See 2204.301(e).

Important cross-references include the definition of "party" in 2204.201, the net-worth documentation requirements in 2204.302, and the fees-and-expenses documentation rules in 2204.303. These are cited directly in the filing and service rules at 2204.301.

The applicant must identify the Secretary's position(s) in the proceeding that are alleged not to be substantially justified with sufficient specificity to show what parts of the government's case are challenged. This identification requirement is set forth in 2204.301(b).

• Describe each contested position clearly so the judge can assess substantial justification.

Requested fees and expenses are subject to the requirements and limitations of 5 U.S.C. 504(b)(1)(A), and the application must include adequate documentation as required by 2204.303. See this limitation in 2204.301(d).

Yes; regardless of whether the applicant is an individual or not, the application must show that the applicant meets the definition of "party" in 2204.201, which includes providing adequate net-worth documentation as set forth in 2204.302. See 2204.301(c).