Simmons

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROLAND S., Case No.: 3:20-cv-01068-AHG

Plaintiff,

ORDER REQUIRING

v. SUPPLEMENTAL BRIEFING ANDREW SAUL, Commissioner of Social Security, 15 Defendant. 16 17 18

21 22 23

26 27 28 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, 28 U.S.C. § 2412(d) and 3 || Costs Pursuant to 28 U.S.C. § 1920. ECF No. 25. Under the Equal Access to Justice Act (“EAJA”), a litigant is entitled to attorney 5 || fees and costs if: “(1) he is the prevailing party; (2) the government fails to show that its 6 || position was substantially justified or that special circumstances make an award unjust; 7 || and (3) the requested fees and costs are reasonable.” Carbonell v. I.N.S., 429 F.3d 894, 898 Cir. 2005). To assess the third factor of whether the requested fees are reasonable, the ||Court assesses whether the hourly rates and…