(SS) Meadows v. Commissioner of Social Security
(SS) Meadows v. Commissioner of Social Security
Trial Court Opinion
1 Steven G. Rosales Attorney at Law: 222224 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 4 Fax: (562) 868-8868 E-mail: [email protected] 5 Attorneys for Plaintiff 6 Sherri Lynn Meadows
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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 SHERRI LYNN MEADOWS, ) Case No.: 1:21-cv-01136-BAM 12 ) Plaintiff, ) STIPULATION AND PROPOSED 13 ) ORDER FOR THE AWARD AND vs. ) PAYMENT OF ATTORNEY FEES 14 ) AND EXPENSES PURSUANT TO FRANK BISIGNANO, ) THE EQUAL ACCESS TO JUSTICE 15 Commissioner of Social Security, ) ACT,
28 U.S.C. § 2412(d) AND ) COSTS PURSUANT TO
28 U.S.C. § 16Defendant. ) 1920; DECLARATION OF Steven G. ) Rosales 17 )
18 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE 19 JUDGE OF THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Sherri Lynn 22 Meadows (“Meadows”) be awarded attorney fees and expenses in the amount of 23 SEVEN THOUSAND dollars ($7,000.00) under the Equal Access to Justice Act 24 (EAJA),
28 U.S.C. § 2412(d), and no costs under
28 U.S.C. § 1920. This amount 25 represents compensation for all legal services rendered on behalf of Plaintiff by 26 1 counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 1920; 2 2412(d). 3 After the Court issues an order for EAJA fees to Meadows, the government 4 will consider the matter of Meadows's assignment of EAJA fees to Steven G. 5 Rosales. The retainer agreement containing the assignment is attached as exhibit 6 1. Pursuant to Astrue v. Ratliff,
130 S.Ct. 2521, 2529(2010), the ability to honor 7 the assignment will depend on whether the fees are subject to any offset allowed 8 under the United States Department of the Treasury's Offset Program. After the 9 order for EAJA fees is entered, the government will determine whether they are 10 subject to any offset. 11 Fees shall be made payable to Meadows, but if the Department of the 12 Treasury determines that Meadows does not owe a federal debt, then the 13 government shall cause the payment of fees, expenses and costs to be made 14 directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the 15 assignment executed by Meadows.1 Any payments may be made by check or 16 electronic fund transfer (EFT) and shall be delivered to the Law offices of 17 Lawrence D. Rohlfing, Inc. 18 This stipulation constitutes a compromise settlement of Meadows's request
19 for EAJA attorney fees, and does not constitute an admission of liability on the part 20 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 21 constitute a complete release from, and bar to, any and all claims that Meadows 22 and/or Steven G. Rosales including Law Offices of Lawrence D. Rohlfing, Inc., 23 CPC may have relating to EAJA attorney fees in connection with this action. 24
25 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the recovery of EAJA fees that survives the Treasury 26 1 This award is without prejudice to the rights of Steven G. Rosales and/or the 2 Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act 3 attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of 4 the EAJA. 5 DATE: June 23, 2025 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC
7 /s/ Steven G. Rosales2 BY: _________________________ 8 Steven G. Rosales Attorney for plaintiff Sherri Lynn Meadows 9
10 DATED: June 23, 2025 MICHELE BECKWITH 11 Acting United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration
14 /s/ Oscar Gonzalez De Llano 15
16 OSCAR GONZALEZ DE LLANO Special Assistant United States Attorney 17 Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social 18 Security (Per e-mail authorization)
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25 2 Counsel for the plaintiff attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 26 1 ORDER
2 Based upon the parties’ Stipulation for the Award and Payment of Attorney 3 Fees and Expenses Pursuant to the Equal Access to Justice Act, IT IS HEREBY 4 ORDERED that attorneys’ fees and expenses in the amount of SEVEN 5 THOUSAND dollars ($7,000.00) as authorized by
28 U.S.C. § 2412(d), and no 6 costs under
28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 7 8 9 IT IS SO ORDERED.
10 Dated: July 8, 2025 /s/ Barbara A. McAuliffe _ 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
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