Murgolo

MEMORANDUM ***

Vincent Murgolo, a Social Security benefits claimant, appeals the district court’s denial of his application for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (a)(1). We affirm.

We review a district court’s denial of attorney’s fees under the EAJA for abuse of discretion. See Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir.2002). The district court abuses its discretion when its decision is “based on an erroneous conclusion of law or when the record contains no evidence on which [it] rationally could have based that decision.” Kali v. Bowen, 854 F.2d 329, 331 (9th Cir.1988) (internal citations omitted).

For the district court to award attorney’s fees and costs pursuant to the EAJA, it must be shown that (1) the plaintiff is the prevailing party, (2) the government has not met its burden of showing that its positions were substantially justified or that special circumstances make an award unjust, and (3) the requested attorney’s fees and costs are reasonable. See 28 U.S.C. § 2412 (d)(1)(A); Perez-Arellano v. Smith, 279 F.3d 791, 793 (9th Cir.2002). There is no dispute that Murgolo prevailed on the merits of the case, and so the…