scarborough principi secretary veterans affairs argued february decided may equal access justice act eaja authorizes payment attorney fees prevailing party action absent showing government position underlying litigation substantially justified section sets deadline days final judgment filing fee application directs application include showing applicant prevailing party showing applicant eligible receive award statement amount sought including itemized statement attorney stating actual time expended rate charged section second sentence requires applicant allege position substantially justified petitioner scarborough prevailed appeals veterans claims cavc action disability benefits respondent secretary veterans affairs scarborough counsel filed timely application attorney fees costs pursuant showing scarborough prevailing party underlying litigation eligible receive award counsel also stated total amount sought itemized hours rates work counsel failed initially allege addition position substantially justified secretary moved dismiss application ground cavc lacked jurisdiction award fees scarborough counsel failed make required allegation scarborough counsel immediately filed amended application adding allegation interim initial filing amendment however fee application filing period expired sole reason cavc dismissed scarborough fee application affirming federal circuit initially held eaja plainly unambiguously requires party seeking fees submit application including enumerated allegations within time limit granted certiorari vacated judgment remanded case light edelman lynchburg college edelman upheld equal employment opportunity commission eeoc regulation allowing amendment employment discrimination charge timely filed title vii civil rights act add filing deadline required initially absent verification title vii explained permitted relation back verification missing original filing remand federal circuit adhered earlier decision distinguishing edelman ground title vii remedial scheme laypersons often initiate process whereas eaja directed attorneys appeals also observed timely filing verification requirements issue edelman appear separate statutory provisions eaja filing deadline contents required fee application detailed statutory provision federal circuit also distinguished holding becker montgomery pro se litigant failure hand sign timely filed notice appeal nonjurisdictional therefore curable defect noted becker federal circuit pointed timing signature requirements issue found separate rules held timely fee application pursuant may amended filing period run cure initial failure allege government position underlying litigation lacked substantial justification thus scarborough fee application amended qualifies consideration determination merits pp whether scarborough time barred gaining fee award authorized concern federal courts jurisdiction rather concerns mode relief costs including legal fees ancillary judgment plenary jurisdiction civil action fee application made see particularly current dispute presents question time issue whether require fee applicant allege position substantially justified clarity facilitated courts litigants used label jurisdictional rules prescriptions delineating classes cases jurisdiction persons personal jurisdiction falling within adjudicatory authority kontrick ryan slip section describe classes cases cavc competent adjudicate relates postjudgment proceedings auxiliary cases already within adjudicatory authority pp unlike prescriptions applicant must show prevailing party status eligib ility receive award amount sought including itemized statement required substantially justified allegation imposes proof burden fee applicant simply allegation pleading requirement understood applicant pleading burden akin becker signature requirement edelman verification requirement like requirements eaja substantially justified allegation think twice prescription stem urge litigate irresponsibly edelman time allegation functions shift burden government prove position underlying litigation substantially justified allegation serve essential function government aware moment fee application filed defeat application merits prove position substantially justified failure make allegation therefore fatal genuine doubt exists applying fees judgment becker moreover scarborough lawyer statutory contingent fee reduced dollar dollar eaja award see fee agreements note following allowing curative amendment benefits complainant directly fairly described simply boon counsel rejects government assertion regime codified federal rule civil procedure place context rule governs pleadings term encompass fee applications becker edelman approved application doctrine notice appeal eeoc discrimination charge neither pleading federal rules moreover relation back invention federal rulemakers applied doctrine well federal rules became effective see new york central hudson river kinney thus doctrine properly guides determination amended application arose conduct transaction occurrence set forth attempted set forth initial application fed rule civ proc pp rejects government argument waiver sovereign immunity liability fees conditioned fee applicant meticulous compliance every requirement within days final judgment including allegation position substantially justified irwin department veterans affairs franconia associates recognized limitation principles generally apply government way apply private parties enlightening issue government asserts unpersuasively irwin franconia bear case authorizes fee awards rules analogue private litigation many statutes create claims relief agencies apply government defendants irwin reasoning diminished instructive situations readily identifiable equivalent event analogous federal prevailing party statutes applicable suits private litigants finally conclusion expose government unfair imposition government never argued prejudiced scarborough substantially justified allegation permitted relate back timely filed fee application moreover showing prejudice preclude operation doctrine first place eaja also check section disallows fees special circumstances make award unjust pp reversed remanded ginsburg delivered opinion rehnquist stevens kennedy souter breyer joined thomas filed dissenting opinion scalia joined randall scarborough petitioner anthony principi secretary veterans affairs writ certiorari appeals federal circuit may justice ginsburg delivered opinion equal access justice act eaja act departs general rule party lawsuit pays legal fees see alyeska pipeline service wilderness society relevant eaja authorizes payment fees prevailing party action government may defeat entitlement showing position underlying litigation substantially justified provision act prescribes timing content applications seeking fees authorized section specifies time filing application within thirty days final judgment action sentence provision identifies application contents particular showing applicant prevailing party meets financial eligibility condition case net worth exceed time action filed statement amount sought accompanying itemization fee application instruction adds next sentence applicant shall also allege position substantially justified petitioner randall scarborough prevailing party action department veterans affairs disability benefits counsel filed timely application fees showing scarborough eligib ility receive award amount sought including required itemized statement counsel failed initially allege addition position substantially justified pointing omission government moved dismiss fee application scarborough counsel immediately filed amended application adding government opposition underlying claim benefits substantially justified interim initial filing amendment however fee application filing period expired sole reason appeals veterans claims granted government motion dismiss application federal circuit affirmed disposition scarborough petition certiorari presents question may timely fee application pursuant amended filing period run cure initial failure allege government position underlying litigation lacked substantial justification hold curative amendment permissible scarborough fee application amended qualifies consideration determination merits congress enacted eaja pub tit ii stat eliminate barriers prohibit small businesses individuals securing vindication rights civil actions administrative proceedings brought federal government see congressional findings purposes stat note following purpose title diminish deterrent effect seeking review defending governmental action among reforms eaja amended previously authorized courts award costs attorney fees expenses prevailing parties civil litigation eaja added two new prescriptions expressly authorize attorney fee awards federal government first made liable attorney fees expenses extent party liable common law terms statute specifically provides award second rendered government liable prevailing private party attorney fees expenses cases suit lie agency case concerns construction congress initially adopted trial period three years pub congress substantially reenacted measure time without sunset provision pub stat congress aim converting temporary measure permanent one ensure certain individuals partnerships corporations organizations deterred seeking review defending unjustified governmental action expense involved section currently provides relevant part except otherwise specifically provided statute shall award prevailing party fees expenses addition costs awarded pursuant subsection incurred party civil action cases sounding tort brought jurisdiction action unless finds position substantially justified special circumstances make award unjust party seeking award fees expenses shall within thirty days final judgment action submit application fees expenses shows party prevailing party eligible receive award subsection amount sought including itemized statement attorney expert witness stating actual time expended rate fees expenses computed party shall also allege position substantially justified section thus entitles prevailing party fees absent showing government position underlying litigation substantially justified sets deadline days final judgment filing fee application directs application shall include showing applicant prevailing party showing applicant eligible receive award scarborough case applicant net worth exceed time civil action filed statement amount sought together itemized account time expended rates charged second sentence adds fourth instruction requiring applicant simply allege position substantially justified july petitioner scarborough navy veteran prevailed appeals veterans claims cavc claim disability benefits app pet cert eleven days later scarborough counsel applied scarborough behalf attorney fees costs pursuant eaja app scarborough gain fee recovery lawyer statutory contingent fee ordinarily veteran benefits reduced dollar dollar eaja award see federal courts administration act stat fee agreements note following tr oral arg clerk cavc returned scarborough initial fee application ground filed soon app cavc issued judgment noting time filing postdecision motions expired scarborough counsel filed second eaja application one issue setting forth first application scarborough prevailing party underlying litigation net worth exceed million description work counsel performed scarborough since counsel retention august application requested attorney fees costs scarborough applications first second failed allege position underlying litigation substantially justified respects disputed scarborough filings met requirements clerk cavc found application premature time retained unfiled time appeal cavc judgment expired clerk filed fee application notified respondent secretary veterans affairs response due within days app receiving exhausting extension time respond secretary moved dismiss fee application cavc lacked jurisdiction award fees secretary maintained scarborough counsel failed allege within days final judgment position substantially justified cavc record doc pp scarborough counsel promptly filed amendment fee application stating new paragraph government defense appellant claim substantially justified app simultaneously scarborough opposed secretary motion dismiss urging omission initially plead substantial justification cured amendment jurisdictional defect cavc record doc pp june cavc dismissed scarborough fee application ground asserted government scarborough west vet app per curiam later appeals federal circuit affirmed eaja must construed strictly favor government appeals stated act effects partial waiver sovereign immunity rendering liable attorney fees government otherwise required pay view language eaja statute plain unambiguous requires party seeking fees submit application including enumerated allegations within time limit citing acknowledged courts appeals third eleventh circuits read require fee application filed within days circuits allow later amendments perfect specifications set citing dunn applicant need submit within days itemized statement accounting amount sought singleton apfel applicant need allege within days net worth exceed million government position substantially justified federal circuit also distinguished decision bazalo west held applicant may supplement eaja application cure initial failure show eligibility fees applicant bazalo failed allege establish within period qualified party within meaning net worth exceed time civil action filed bazalo differed scarborough case appeals said bazalo applicant essentially complied basic pleading requirements simply needed fles details granted scarborough initial petition writ certiorari vacated judgment appeals remanded case light decision edelman lynchburg college see edelman concerned equal employment opportunity commission eeoc regulation relating title vii civil rights act regulation allowed amendment employment discrimination charge timely filed eeoc add filing deadline passed required initially absent verification see requiring charges writing oath affirmation upheld regulation title vii explained line long history practice permitted relation back verification missing original filing remand scarborough case federal circuit panel two three judges adhered panel unanimous earlier decision distinguished edelman unlike civil rights statute edelman appeals majority said remedial scheme laypersons often initiate process eaja directed attorneys need paternalistic protection internal quotation marks omitted federal circuit majority observed two requirements issue edelman timely filing discrimination charge verification charge appear separate statutory provisions contrast eaja filing deadline contents required fee application detailed statutory provision majority also distinguished becker montgomery held pro se litigant failure hand sign timely filed notice appeal nonjurisdictional therefore curable defect noted becker federal circuit majority pointed timing signature requirements issue found separate rules see federal circuit opinion next distinguished edelman verification requirement becker signature requirement eaja requirement additional ground substantial justification allegation pro forma requirement requires applicant analyze case record one portion basis award reiterating allegation jurisdictional federal circuit held scarborough oncompliance fatal dismissed application chief judge mayer dissented allegation found akin verification requirement edelman signature requirement becker addition pathmarking edelman becker decisions regarded case substantially case bazalo light eaja purpose eliminate financial disincentive defend unjustified governmental action thereby deter chief judge mayer concluded apparent congress intend eaja application process additional deterrent vindication rights missing averment ibid granted certiorari view division opinion among circuits question whether eaja application may amended outside period allege government position underlying litigation substantially justified compare singleton reverse judgment appeals ii clarify first question us whether scarborough time barred gaining fee award authorized concern federal courts jurisdiction rather concerns mode relief costs including legal fees ancillary judgment plenary jurisdiction civil action fee application made see costs including fees awardable civil action brought jurisdiction action appeals veterans claims shall exclusive jurisdiction review decisions board veterans appeals particularly current dispute scarborough government presents question time issue whether require fee applicant allege position substantially justified recently observed courts including occasionally mis used term describe emphatic time prescriptions claim processing rules classifying time prescriptions even rigid ones heading matter jurisdiction confounding clarity facilitated courts litigants used label rules prescriptions delineating classes cases jurisdiction persons personal jurisdiction falling within adjudicatory authority kontrick ryan slip citation internal quotation marks brackets omitted short describe classes cases slip cavc competent adjudicate instead section relates postjudgment proceedings auxiliary cases already within adjudicatory authority accordingly kontrick indicates provision deadline fee applications specifications properly typed jurisdictional turn next reason congress required fee applicant allege government position substantially justified unlike prescriptions applicant must show prevailing party status eligib ility receive award amount sought including itemized statement reporting actual time expended rate fees expenses computed required substantially justified allegation imposes proof burden fee applicant text conveys nothing allegation pleading requirement burden establishing position substantially justified indicates courts uniformly recognized must shouldered government see pierce underwood brennan concurring part concurring judgment davidson veneman lauer barnhart libas ca fed see also strong deterrents contesting government action currently exis require burden proof rest congress however want substantially justified standard read raise presumption government position substantially justified simply lost case ibid allocating burden pleading position substantially justified burden fee applicant congress apparently sought dispel assumption government must pay fees time loses complementarily requirement serves ward irresponsible litigation unreasonable capricious demands counsel government stated oral argument allocating pleading burden fee applicants obliges examine government position make determination whether substantially justified tr oral arg see petitioner recognizes purpose allegation make lawyer think twice understood applicant burden plead government position substantially justified akin signature requirement becker oath affirmation requirement edelman becker pro se litigant typed neglected hand sign name required federal rule civil procedure timely filed notice appeal foman davis next term edelman described decision becker allowed relation back late signature timely filed notice appeal edelman edelman involved eeoc regulation permitting title vii discrimination charge timely filed agency amended outside period include omitted required verification see supra reason observed sustaining regulation think relation back oath less reasonable relation back signature becker aimed stemming urge litigate irresponsibly becker edelman inform judgment case like signature verification requirements eaja substantially justified allegation think twice prescription stem urge litigate irresponsibly edelman time allegation functions shift burden government prove position underlying litigation substantially justified note allegation serve essential function government aware moment fee application filed defeat application merits prove position substantially justified becker indicates lapse fatal genuine doubt exists app lying fees judgment moreover scarborough lawyer statutory contingent fee reduced dollar dollar eaja award see fee agreements note following allowing curative amendment benefits complainant directly fairly described simply boon counsel permitting amendment thus advances congress purpose enacting eaja reduce emphasi virtually exclusion issues cost potential litigation party decision whether challenge unjust governmental action government however maintains regime codified rule federal rules civil procedure place context rule governs pleadings term encompass fee applications brief respondent see fed rule civ proc permitting relation back amendments pleadings claim defense asserted amended pleading arose conduct transaction occurrence set forth attempted set forth original timely filed pleading see also rule enumerating permitted pleadings scarborough acknowledges rule directed federal district pleadings urges approved application doctrine analogous settings brief petitioner recently related applied doctrine becker edelman respectively notice appeal eeoc discrimination charge neither pleading federal rules government concedes moreover see tr oral arg relation back invention federal rulemakers applied doctrine well year federal rules became effective see new york central hudson river kinney seaboard air line renn missouri wulf view practice original rules advisory committee described relation back well recognized doctrine advisory committee note subd fed rule civ proc commentators observed doctrine rule embraces roots former federal equity practice number state codes wright miller kane federal practice procedure ed doctrine accordingly hold properly guides determination scarborough fee application amended filing period include substantially justified allegation amended application arose conduct transaction occurrence set forth attempted set forth initial application fed rule civ proc failure initially verify charge sign pleading written motion paper fed rule civ proc fatal petitioners cases edelman becker counsel initial omission assertion government position lacked substantial justification beyond government insists strenuously waiver sovereign immunity liability fees conditioned fee applicant meticulous compliance every requirement within days final judgment brief respondent tr oral arg see ardestani ins eaja renders liable attorney fees otherwise liable thus amounts partial waiver sovereign government view failure allege position substantially justified clock run fatal omission specification brief respondent tr oral arg observe first federal circuit reading unyielding government indeed federal circuit held fee application may amended time show applicant eligible receive award see bazalo amendment made filing period cured failure initially establish fee applicant net worth exceed million earlier noted see supra dissenting judge scarborough case found bazalo indistinguishable opinion mayer decisions irwin department veterans affairs franconia associates enlightening issue irwin involved untimely filed title vii employment discrimination complaint government although petitioner missed filing deadline held title vii statutory time limits subject equitable tolling even government similarly franconia rejected unduly restrictive construction statute limitations claims filed tucker act see internal quotation marks brackets omitted ibid refusing adopt special accrual rule commencement limitations period government decisions recognized limitation principles generally apply government way apply private parties quoting irwin congress waives sovereign immunity observed judicial application time prescription suits government way prescription applicable private suits amounts little broadening congressional waiver irwin stated irwin holding government responsible likely realistic assessment legislative intent well practically useful principle interpretation government nevertheless maintains irwin franconia bear case section authorizes fee awards government rules analogue private litigation brief respondent hardly clear irwin demands precise private analogue litigation exists congress enacted legislation creating rights government often matters peculiar government engagements private persons matters administration benefit programs many statutes create claims relief agencies apply government defendants irwin reasoning diminished instructive situations readily identifiable equivalent event analogous provisions abrogating general rule party lawsuit pays legal fees provision resembles prevailing party statutes applicable suits private litigants see fair debt collection practices act family medical leave act title vii cf franconia comparing tucker act statute limitations contemporaneous state statutes limitations applicable suits private parties also tie commencement limitations period date claim note finally government never argued prejudiced scarborough substantially justified allegation permitted relate back timely filed fee application moreover showing prejudice preclude operation doctrine first place see singleton interests government courts served however district courts empowered outright deny request supplement fee application government addition eaja check section disallows fees special circumstances make award unjust see safety valve gives discretion deny awards equitable considerations dictate award made conclusion timely filed eaja fee application may amended time allege position substantially justified therefore expose government unfair imposition reasons stated judgment appeals federal circuit reversed case remanded proceedings consistent opinion ordered randall scarborough petitioner anthony principi secretary veterans affairs writ certiorari appeals federal circuit may justice thomas justice scalia joins dissenting without deciding statutorily mandated deadline even applies substantially justified allegation requirement ante nonetheless applies doctrine cure omitted substantial justification allegation petitioner equal access justice act eaja fee application first addressed whether textual matter substantial justification allegation must made within deadline conclude must question becomes whether judicial application doctrine appropriate case statute defines scope government waiver sovereign immunity express allowance relation back eaja conclude sovereign immunity canon applies construe strictly scope government waiver reaches holding today distorting scope irwin department veterans affairs eviscerating case doctrinal underpinnings view better reading text statute deadline applies substantial justification allegation requirement first sentence party seeking award fees expenses shall within thirty days final judgment action submit application fees shows applicant status prevailing party applicant eligible receive fees itemized amount sought second sentence provides party shall also allege position substantially justified ibid stating applicant shall also make substantial justification allegation second sentence links allegation requirement timing content requirements first indeed one deadline expressly contained provision deadline imposes limitation set requirements petitioner must satisfy order receive eaja fee award immediately following deadline another sentence requires petitioner make substantial justification allegation taking provision whole quite natural read applying deadline reading confirmed numerous federal agency interpreted nearly identical eaja provision allowing fees adversary adjudications conducted federal ii conclude substantial justification allegation must made within deadline question becomes whether doctrine apply eaja requirement filing timely fee application statutorily prescribed content condition waiver sovereign immunity see ardestani ins scope waiver must strictly construed see irwin stating waiver sovereign immunity must construed strictly favor sovereign enlarge beyond language requires internal quotation marks omitted library congress shaw lehman nakshian imitations conditions upon government consents sued must strictly observed exceptions thereto implied internal quotation marks omitted since doctrine relied upon present text statute simple application sovereign immunity canon petitioner entitled allegation beyond deadline way avoids straightforward conclusion applying irwin ante although irwin perhaps narrow scope sovereign immunity canon limited circumstances particular government made subject suit extent manner private parties irwin holds government subject rules applicable private suits irwin addressing equitable tolling explained ime requirements lawsuits private litigants customarily subject tolling nce congress made waiver sovereign immunity making rule equitable tolling applicable suits government way applicable private suits amounts little broadening congressional waiver ibid citations omitted determined uch principle likely realistic assessment legislative intent well practically useful principle interpretation ibid notwithstanding irwin limited scope concludes irwin reasoning diminished instructive situations readily identifiable equivalent ante existence equivalent however formed basis holding irwin agree government analogue private litigation brief respondent eaja fee awards issue section authorizes fee awards government basis recovery rules private irwin analysis simply apply proceeding government analogue private litigation accordingly apply sovereign immunity canon construe strictly scope government waiver therefore allowing applicant avoid express statutory limitation judicial application doctrine reasons respectfully dissent footnotes subsection except otherwise specifically provided statute judgment costs may awarded prevailing party civil action brought jurisdiction action reduction applies social security cases see pub stat account large majority eaja awards mecham annual report director administrative office courts scarborough already invoked cavc exclusive jurisdiction appealing board veterans appeals july decision denying claim disability benefits well applied fees distinguishes case torres oakland scavenger government relies see brief respondent torres involved omission required content applicant name notice appeal filing triggers jurisdiction case see agree requires fee applicant allege government position substantially justified regard dissent sees fire flame guides dissent sets post nn rules agency regulations address applicant must plead question time presented see fed equity rule may time furtherance justice upon terms may permit process proceeding pleading record amended material supplemental matter set forth amended supplemental pleading every stage proceeding must disregard error defect proceeding affect substantial rights parties rev stats ch time final judgment civil action amendments may allowed process pleading proceedings cause action cross demand defense set amended pleading shall barred lapse time time prescribed limited expired original pleading filed amended pleading grew transaction occurrence set original pleading rev stat remington cause action barred statute limitations stated original complaint counterclaim shall barred introduced amendment later stage action adverse party fairly apprised nature original pleading scarborough also urges regardless availability relation back deadline apply requirement brief petitioner support scarborough points congress easily placed allegation requirement first sentence together deadline specifications congress decision instead set forth allegation requirement separate second sentence contains time limitation scarborough asserts significant moreover scarborough contends fact second sentence structured differently section first sentence requiring party allege rather directing application sho indicates congress viewed substantially justified allegation separate fee application requirements closely linked filing deadline think question government suggests answered commissioner ins jean see brief respondent tr oral arg jean held party prevails fee litigation eaja may recover fees legal services rendered fee litigation even government positions regarding proper fee substantially justified district need make second finding substantial justification awarding fees fee contest sentence jean government relies stating fee application must contain allegation position substantially justified like jean holding concern timing question confront event decision rests applicability doctrine explore debatable question whether deadline even applies substantially justified allegation requirement question whether fee application may amended filing period cure initial failure make show ings set forth first sentence us offer view applicability relation back situation although held equitable tolling applied title vii claims government determined doctrine requirements met specific facts irwin irwin petitioner excuse late complaint lawyer absence office eeoc notice triggered deadline received ranked best garden variety claim excusable neglect case note government extensively argues recourse irwin rebuttable presumption equitable tolling available litigation congress authorized see brief respondent decision rests grounds express opinion applicability equitable tolling circumstances presented indeed enacting eaja congress expressed belief minimum held standards litigating private parties footnotes also defined likewise webster ninth new collegiate dictionary like manner black law dictionary ed several courts appeals explicitly require applicant include substantial justification allegation eaja fee application see federal appeals manual local rules west local form eaja fee application ca fed form application fees expenses eaja rule application shall identify specific position party alleges substantially justified rule application must identify position agency thereof applicant alleges substantially justified rule application shall identify position government agency thereof proceeding applicant alleges substantially justified see cfr application shall identify position agency agencies proceeding applicant alleges substantially justified cfr application shall identify position epa proceeding applicant alleges substantially justified cfr application shall identify position department commerce applicant alleges substantially justified cfr application award fees expenses applicant shall include allegation position department education substantially justified including description specific position cfr application award fees expenses act shall identify position department housing urban development agencies applicant alleges substantially justified cfr application shall identify position postal service proceeding applicant alleges substantially justified see party seeking award fees expenses shall within thirty days final disposition adversary adjudication submit agency application shows party prevailing party eligible receive award section amount sought including itemized statement attorney agent expert witness representing appearing behalf party stating actual time expended rate fees expenses computed party shall also allege position agency substantially justified compare except otherwise specifically provided statute shall award prevailing party fees expenses incurred party civil action brought jurisdiction action unless finds position substantially justified special circumstances make award unjust shall liable fees expenses extent party liable common law terms statute specifically provides award