Gerda Spieles v. Donna E. Shalala, Secretary of Health and Human Services

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerda SPIELES, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 92-55650. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 12, 1993. Before: BROWNING, BEEZER, and TROTT, Circuit Judges. 1 Gerda Spieles appeals the denial of her motion seeking attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412 ("EAJA"). She contends the government's position in opposing her claim for disability insurance benefits under the Social Security Act, 42 U.S.C. Secs. 401 et seq., was not "substantially justified" and was taken in "bad faith." We affirm. 2 The parties consented to proceeding before a magistrate judge pursuant to 28 U.S.C. Sec. 636 (c)(1). Because the magistrate judge did not enter the separate judgment contemplated by Fed.R.Civ.P. 58 upon remanding the case to the Secretary, the 30-day period within which…