Olsen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRIAN O., Case No.: 22cv1652-LR

Plaintiff,

ORDER REQUIRING

v. SUPPLEMENTAL BRIEFING

REGARDING JOINT MOTION FOR

MARTIN O’MALLEY,

ATTORNEY FEES

Commissioner of Social Security 15 Defendant. [ECF No. 20] 16 17 Presently before the Court is the parties’ joint motion for the award and payment of attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 20.) The parties jointly request that the Court award Plaintiff Brian O. attorney fees in the amount of $5,435.11 pursuant to the EAJA. (See id. at 1.) Under the EAJA, a litigant is entitled to attorney fees and costs if: “(1) he is the prevailing party; (2) the government fails to show that its position was substantially justified or that special circumstances make an award unjust; and (3) the requested fees

27 1 In the interest of privacy, this Order uses only the first name and initial of the last name of…