(SS) Meadows v. Commissioner of Social Security
Opinion
Steven G. Rosales Attorney at Law: 222224 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: rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Sherri Lynn Meadows
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
SHERRI LYNN MEADOWS, ) Case No.: 1:21-cv-01136-BAM ) Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 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 ) COSTS PURSUANT TO 28 U.S.C. § Defendant. ) 1920; DECLARATION OF Steven G. ) Rosales )
TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Sherri Lynn Meadows (“Meadows”) be awarded attorney fees and expenses in the amount of SEVEN THOUSAND dollars ($7,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Meadows, the government will consider the matter of Meadows's assignment of EAJA fees to Steven G. Rosales. 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. Fees shall be made payable to Meadows, but if the Department of the Treasury determines that Meadows 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 Meadows.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. This stipulation constitutes a compromise settlement of Meadows'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 Meadows and/or Steven G. Rosales including Law Offices of Lawrence D. Rohlfing, Inc., CPC may have relating to EAJA attorney fees in connection with this action.
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 This award is without prejudice to the rights of Steven G. Rosales 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. DATE: June 23, 2025 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC
/s/ Steven G. Rosales2 BY: _________________________ Steven G. Rosales Attorney for plaintiff Sherri Lynn Meadows
DATED: June 23, 2025 MICHELE BECKWITH Acting United States Attorney Associate General Counsel Social Security Administration
/s/ Oscar Gonzalez De Llano
Special Assistant United States Attorney Attorneys for Defendant FRANK BISIGNANO, Commissioner of Social Security (Per e-mail authorization)
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
Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, IT IS HEREBY ORDERED that attorneys’ fees and expenses in the amount of SEVEN THOUSAND dollars ($7,000.00) as authorized by 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation.
Dated: July 8, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE
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