Scarborough v. Principi

Background

A Navy veteran who prevailed on a disability benefits claim sought attorney fees from the Department of Veterans Affairs under the Equal Access to Justice Act. His lawyer filed a fee application within thirty days but omitted a short allegation saying the Government’s position was not substantially justified. The lawyer then filed an amended application adding that allegation after the 30‑day period. A veterans court dismissed the fee request for that sole omission, and the Federal Circuit affirmed the dismissal.

Reasoning

The Court framed the dispute as a question of timing for a postjudgment request, not as a question of the court’s authority to hear the case. It explained that the EAJA allegation is a simple pleading meant to make lawyers “think twice,” while the Government bears the burden to prove its position was substantially justified. Relying on prior rulings that allowed late corrections like missing signatures and verifications, the Court applied the relation‑back doctrine and held the amendment could be treated as if timely filed. The Court emphasized that allowing the curative amendment does not prevent the Government from defending against the fee claim on the merits.

Real world impact

The practical result is that many prevailing claimants who filed fee applications on time but forgot a required allegation may have their requests considered on the merits. This benefits veterans and other individuals seeking fee awards because a procedural omission will not automatically block fee review. The case was reversed and remanded, so lower courts must now consider amended applications and allow the Government to show substantial justification or raise special circumstances.

Dissents or concurrances

Justice Thomas, joined by Justice Scalia, dissented. He argued the statute’s 30‑day deadline should be read strictly because EAJA waives the Government’s immunity from fees, and that relation back is not authorized by the statute; he would have required the allegation within the 30‑day period.