Jankovich V. Bowen

The claimant in this Social Security disability case appeals from the magistrate's denial of his motion for attorneys fees filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982) ("EAJA"), and also appeals from the magistrate's finding that the district court lacked jurisdiction over his separate motion for attorneys fees filed pursuant to 42 U.S.C. § 406(b)(1) (1982). Because we find that the Secretary's position had a reasonable basis in fact and law, and because we agree that the district court lacked jurisdiction over the claimant's section 406(b)(1) motion, we affirm the decisions below.