Labrie V. Sec'y HHS


Absent an express indication to the contrary, a district court may retain jurisdiction pending a fourth sentence remand and thereafter render final judgment for EAJA purposes. Overruled by Shalala v. Schaefer 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed. 239 (1993) (Once a district court remands a case pursuant to sentence four of ยง405(g), the same court may not retain jurisdiction over the case. Rather, the court must enter judgment so as to start the EAJA clock ticking). 1/1/1992