Peavy

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GARY P., Case No.: 3:23-cv-00563-AHG Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART PLAINTIFF’S

v.

MOTION FOR ATTORNEY FEES

MARTIN O’MALLEY, Commissioner of AND EXPENSES Social Security, 15 [ECF No. 16] Defendant. 16 17 18

Before the Court is Plaintiff Gary P.’s (“Plaintiff”) motion for attorney fees. ECF No. 16. Plaintiff seeks a Court award of attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Id. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND The underlying action involves Plaintiff’s challenge to the denial of his supplemental social security income benefits. On March 29, 2023, Plaintiff filed a complaint against the acting Commissioner of Social Security. ECF No. 1. Defendant filed the administrative record in lieu of an answer. ECF No. 9. The Court set a scheduling order, requiring formal settlement discussions,…