Tharp

MEMORANDUM **

Plaintiff Ann M. Tharp appeals from the district court’s order denying her motion for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (d)(1)(A). We review for abuse of discretion. Corbin v. Apfel, 149 F.3d 1051, 1052 (9th Cir.1998).

In the district court proceedings on the merits, Plaintiff argued that the administrative law judge (ALJ) erred both in rejecting the opinion of one of her treating physicians, Dr. Brainard, and in rejecting Plaintiffs excess pain testimony. The district court held that the ALJ properly rejected Dr. Brainard’s medical opinion, but that the ALJ failed to give “clear and convincing” reasons to support the credibility determination with respect to Plaintiffs testimony.

Plaintiff now asserts that the district court abused its discretion by basing its denial of attorney’s fees solely on its earlier holding that the ALJ did not err in rejecting Dr. Brainard’s medical opinion. In so doing, Plaintiff argues, the district court failed to consider the ALJ’s rejection of the Plaintiffs excess pain testimony and, therefore, failed to consider “whether the position of the government was, as a whole, substantially…