Karen Melinda Bielski v. Frank Bisignano, Commissioner of Social Security

United States District Court for the Eastern District of California

Karen Melinda Bielski v. Frank Bisignano, Commissioner of Social Security

Trial Court Opinion

BARBARA MARIE RIZZO (CSBN 172999) 1 Attorney at Law P. O. Box 383103 2 Waikoloa, HI 96738 Telephone: 808-785-6088 3 Fax: 808-440-0699 E-Mail: [email protected] 4 Attorney for Plaintiff Karen Melinda Bielski 5

6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ____________________________________ 9 ) KAREN MELINDA BIELSKI, ) Case No.: 2:24-cv-01877-WBS-AC 10 ) Plaintiff, ) 11 ) STIPULATION AND ORDER APPROVING v. ) SETTLEMENT OF ATTORNEY FEES 12 ) PURSUANT TO THE EQUAL FRANK BISIGNANO, ) ACCESS TO JUSTICE ACT, 13 Commissioner of Social Security, )

28 U.S.C. §2412

(d) Defendant. ) 14 ____________________________________)

15 IT IS HEREBY STIPULATED by and between the parties, through their 16 undersigned counsel, subject to the Court's approval, that Plaintiff be awarded 17 SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500.00) in attorney fees and ZERO 18 COSTS AND EXPENSES under the Equal Access to Justice Act ("EAJA") 28 U.S.C. 19 §2412(d). This amount represents compensation for legal services rendered on 20 behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with

28 U.S.C. §2412

(d). Plaintiff’s net worth at the time of this 22 action was less than $2 million. 23 After the Court issues an order awarding EAJA fees to Plaintiff, the 24 Government will consider the matter of Plaintiff's assignment of EAJA fees to 25 Plaintiff's attorney. Pursuant to Astrue v. Ratliff,

130 S.Ct. 2521

(2010), 26 the ability to honor the assignment will depend on whether the fees are subject 27 to any offset allowed under the United States Department of the Treasury's 28 Offset Program. After the order awarding EAJA fees is entered, the Government will determine whether the fees are subject to any offset. If the Department 1 of the Treasury determines that Plaintiff does not owe a federal debt, the 2 Government shall cause the payment of fees to be made directly to Plaintiff’s 3 counsel, Barbara Marie Rizzo, pursuant to the assignment executed by Plaintiff. 4 Any payments made shall be delivered to Plaintiff's counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's 6 request for EAJA attorney fees and does not constitute an admission of 7 liability on the part of Defendant under the EAJA. Payment of the agreed 8 amount shall constitute a complete release from, and bar to, any and all claims 9 that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney 10 fees in connection with this action. 11 This award is without prejudice to the rights of Plaintiff's counsel to 12 seek attorney fees pursuant to the Social Security Act,

42 U.S.C. §406

(b), 13 subject to the offset provisions of the EAJA. 14 Respectfully submitted, 15

16 Dated: November 13, 2025 “/s/Barbara Marie Rizzo” BARBARA MARIE RIZZO 17 Attorney for Plaintiff

18 Dated: November 13, 2025 “/s/Edmund Darcher” 19 EDMUND DARCHER (As authorized via e-mail) 20 Special Assistant United States Attorney Attorney for Defendant 21 Commissioner of Social Security

22 23 24 25 26 27 28 Oe ee OEE See OO NE OE EE SE OD ee

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 ) KAREN MELINDA BIELSKI, ) Case No.: 2:24-cv-01877-WBS-AC 7 ) Plaintiff, ) [PROPOSEB] ORDER GRANTING 8 ) PARTIES! STIPULATION FOR ATTORNEY Vv. ) FEES PURSUANT TO THE EQUAL ACCESS 9 ) TO JUSTICE ACT, 28 U.S.C. 10 ) §2412 (d) FRANK BISIGNANO, ) 1 Commissioner of Social ) Security, ) 12 ) Defendant. ) 13 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 14 15 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be 16 awarded attorney fees in the amount of SIXTEEN THOUSAND FIVE HUNDRED 17 DOLLARS ($16,500.00) AND ZERO COSTS AND EXPENSES, as authorized by 28 18 |}U.S.C. §2412(d), subject to the terms of the above referenced 19 Stipulation. 20 IS SO ORDERED. 21 22 Dated: November 24, 2025 . = 23 Lan—e_ Cttyn—llenre ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 25 26 27 28

STIPULATION FOR EAJA FEES, Case No. 2:24-cv-01877-WBS-AC

Reference

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