Getting Paid for Doing Good: Practice Pointers to Avoid Reduction in Fees – Track II (Presented by National Organization of Social Security Claimants’ Representatives)

Lawrence D. Rohlfing
Lawrence D. Rohlfing
Law Offices of Lawrence D. Rohlfing, Inc. CPC

Larry is a 30-year veteran of making presentations before NOSSCR and other organizations and 25 years addressing various fee issues.

Sarah H. Bohr
Sarah H. Bohr
Bohr & Harrington, LLC

Sarah H. Bohr is an appellate attorney who has specialized in Social Security law for over 40 years and for the past 20 years, has had an appellate practice writing Social Security federal court briefs for lawyers.

Live Video-Broadcast: October 15, 2026

1 hour CLE

Tuition: $395.00
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Program Summary

 

The Fee You Sought Isn't Always the Fee You Recover

Doing good work doesn't guarantee getting fully paid for it. Between the fee sought and the fee awarded sit the stumbling blocks — and two experienced Social Security litigators will address them across every fee source: 406(a), EAJA, and 406(b).

Each source has its own traps. The 406(a) expedited fee process does not always apply — and when it doesn't, the fee petition has to succeed on its own. EAJA fees draw common objections: failure to recover on all issues, briefing time, clerical time, seeking extensions of time. In 406(b) litigation, windfall findings cut awards — and a missing contingent fee contract complicates the recovery entirely.

You walk out with the practice pointers: tips for successful 406(a) fee petitions, answers to the EAJA objections, 406(b) fees obtained without a contingent fee contract and defended against windfall findings — closing with effective strategies for negotiating fees with SSA.

Key topics to be discussed:

  • 406(a) Fee Petitions
    When the expedited fee process does not apply, and tips for successful 406(a) fee petitions.
  • Common EAJA Objections
    Failure to recover on all issues, briefing time, clerical time, and seeking extensions of time.
  • Answering the Objections
    Practice pointers for recovering EAJA fees over each stumbling block.
  • 406(b) Without a Contract
    Obtaining 406(b) fees without a contingent fee contract.
  • Avoiding Windfall Findings
    Defending the 406(b) award in fee litigation.
  • Negotiating with SSA
    Effective strategies for fee negotiations with the agency.

Eligible for up to 1 CLE Credit Hour

This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 2026 Fall National Conference and may be eligible for self-study credit. Each state handles self-study credit differently; for questions, please consult your State Bar Association.

Recorded Thursday, October 15, 2026.

This course is co-sponsored with myLawCLE.

Date / Time: October 15, 2026

  • 11:00 am – 12:00 pm Eastern
  • 10:00 am – 11:00 pm Central
  • 9:00 am – 10:00 pm Mountain
  • 8:00 am – 9:00 pm Pacific

Closed-captioning available

Speakers

Lawrence D. Rohlfing, Founder | Law Offices of Lawrence D. Rohlfing, Inc. CPC

Larry is a 30-year veteran of making presentations before NOSSCR and other organizations and 25 years addressing various fee issues.

  • Education & Credentials

He earned his J.D. from Whittier Law School and has been licensed in California since 1985.

  • Recognition & Leadership

He is a past president of the National Organization of Social Security Claimants’ Representatives (NOSSCR), where he also served as Secretary, Treasurer, and Vice President, and is a past chair of the Los Angeles County Bar Association’s Social Security Section.

  • Professional Involvement

He is a sustaining member of NOSSCR.

  • Experience

He successfully argued Crawford v. Astrue, 586 F.3d 1142 (9th Cir. 2009) (en banc) convincing an eleven-judge panel that the lodestar did not apply after the panel violated Gisbrecht.

 

Sarah H. Bohr, Partner | Bohr & Harrington, LLC

Sarah H. Bohr is an appellate attorney who has specialized in Social Security law for over 40 years and for the past 20 years, has had an appellate practice writing Social Security federal court briefs for lawyers.

  • Education & Credentials

She earned her J.D. from the Antioch School of Law in 1977 and a B.A. from the College of Wooster in 1974, and was admitted in the District of Columbia and Florida in 1978.

  • Recognition & Leadership

She is a past president of the NOSSCR and a current representative on the Board from the 11th Circuit and a member of its Executive Committee. She is the author of five Social Security publications and her new updated 2026 Editions addressing the Appeals Council, Rulings, Overview of Disability Law, and attorneys

  • Professional Involvement

Sarah is a frequent speaker at national and regional Social Security conferences.

  • Experience

She learned Social Security law while working at Jacksonville Area Legal Aid, Inc. for 21 years. Sarah is most proud of her successful argument before the Supreme Court 25 years ago, in Sims v. Apfel, 530 U.S. 103 (2000).

Agenda

SESSION 1 – Getting Paid for Doing Good: Practice Pointers to Avoid Reduction in Fees | 11:00am – 12:00pm

Two experienced Social Security litigators will address stumbling blocks to recovering all fees sought. Topics covered include 406(a) fees and when the expedited fee process does not apply, along with tips for successful 406(a) fee petitions. The session will also cover EAJA fees, including common objections to EAJA fees such as failure to recover on all issues, briefing time, clerical time, and seeking extensions of time. Turning to 406(b) fees, the speakers will discuss obtaining 406(b) fees without a contingent fee contract and avoiding windfall findings in 406(b) fee litigation, before closing with effective strategies for negotiating fees with SSA.

 

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Pending CLE Approval
1 General

Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Pending CLE Approval
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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