Byington

ORDER

The memorandum disposition filed October 24,1995, is redesignated as an authored opinion.

OPINION

The Secretary of Health and Human Services appeals the district court’s grant of summary judgment for Donel Byington reversing the final decision of the Secretary denying Byington’s application for Social Security disability benefits. Byington cross-appeals the district court’s determination that he was engaged in substantial gainful activity in 1992 and seeks attorneys fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 , and 42 U.S.C. § 406 . The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). This court has jurisdiction under 28 U.S.C. § 1291 .

BACKGROUND

Donel Byington was born March 8, 1936, and has a GED certificate. Byington worked as an ironworker from 1959 to 1985. After 1985 Byington’s income was derived from a variety of sources including: horse raising, welding jobs, an automobile repair business, and as a school bus driver.

Byington claims he became disabled on November 80, 1985, from a combination of emphysema or chronic obstructive pulmonary disease, a hearing impairment, and arthritis in his right knee. Byington filed an…