Margarita M. Valenzuela v. Frank Bisignano, Commissioner of Social Security

1 Lawrence D. Rohlfing Attorney at Law: 119433 Law Offices of Lawrence D. Rohlfing, Inc., CPC 12631 East Imperial Highway Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562) 868-5886 Fax: (562) 868-8868 E-mail: [email protected] Attorneys for Plaintiff Margarita M. Valenzuela

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA MARGARITA M. VALENZUELA, ) Case No.: 1:25-cv-00860-BAM ) 12 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 13 vs. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO FRANK BISIGNANO, ) THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ) ACT, 28 U.S.C. § 2412(d) AND 15 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920; DECLARATION OF Lawrence 16 ) D. Rohlfing ) 18 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF THE DISTRICT COURT: 20 IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Margarita M.

22 Valenzuela (“Valenzuela”) be awarded attorney fees and expenses in the amount of five thousand five hundred twenty dollars ($5,520.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.

25 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 2 U.S.C. §§ 1920; 2412(d).

3 After the Court issues an order for EAJA fees to Valenzuela, the government will consider the matter of Valenzuela's assignment of EAJA fees to Lawrence D. Rohlfing. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

11 Fees shall be made payable to Valenzuela, but if the Department of the Treasury determines that Valenzuela does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Law Offices of Lawrence D. Rohlfing, Inc., CPC, pursuant to the assignment executed by Valenzuela.1 Any payments may be made by check or electronic fund transfer (EFT) and shall be delivered to the Law offices of Lawrence D. Rohlfing, Inc. 18 This stipulation constitutes a compromise settlement of Valenzuela's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Valenzuela and/or Lawrence D. Rohlfing including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action.

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 1 This award is without prejudice to the rights of Lawrence D. Rohlfing and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

5 DATE: December 17, 2025 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC 7 /s/ Lawrence D. Rohlfing2 BY: _________________________ 8 Lawrence D. Rohlfing Attorney for plaintiff Margarita M. Valenzuela DATED: December 17, 2025 MICHELE BECKWITH 11 Acting United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Social Security Administration /s/ Marcelo N. Illarmo 16 MARCELO N. ILLARMO Special Assistant United States Attorney 17 Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social 18 Security (Per e-mail authorization)

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 1 ORDER 2 Pursuant to the parties’ stipulation, Margarita M. Valenzuela is awarded attorney fees and expenses in the amount of five thousand five hundred twenty dollars ($5,520.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 5 2412(d), and no costs under 28 U.S.C. § 1920 pursuant to the terms of the stipulation.

IT IS SO ORDERED.

Dated: December 30, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 ___________________________________