Dominic Rivera Velez v. Commissioner of Social Security

United States District Court for the Northern District of California

Dominic Rivera Velez v. Commissioner of Social Security

Trial Court Opinion

1 |} LAUREN MELYNN JOHNSON, SBN 322318 BAY AREA LEGAL AID 2 || 1735 Telegraph Ave. Oakland, CA 94612 3 || johnson@baylegal. org Phone: (510) 250-5203 4 || Fax: (510) 663-4740 Attorney for Plaintiff 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 9 Dominic Rivera Velez, CIVIL NO. 1:24-cv-04005-RMI 10 Plaintiff, STIPULATION AND PROPOSED ORDER v. APPROVING SETTLEMENT OF 12 ATTORNEY FEES PURSUANT TO THE Commissioner of Social Security, E@UAL ACCESS TO JUSTICE ACT, 28 13 Defendant U.S.C. § 2412(d) AND COSTS PURSUANT TO

28 U.S.C. § 1920

14 15 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counse 16 subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of 17 || $11,4@@ under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

(d), and zero dollars 18 |] ($@@.@@) in costs under Taxation of Costs,

28 U.S.C. § 192

@. This amount represents compensation ft 19 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 2@ || accordance with

28 U.S.C. §§ 2412

(d), 1926. a After the Court issues an order for EAJA fees to Plaintiff, the Government will consider any assignment of EAJA fees to Plaintiff's counsel, Bay Area Legal Aid. Pursuant to Astrue v. Ratliff, 23

13 S.Ct. 2521

, 2252-2253 (2016), the ability to honor any such assignment will depend on whether 24 . the fees are subject to any offset allowed under the United States Department of the Treasury's Offset 2 Program. After the order for EAJA fees is entered, the Government will determine whether they are 26 subject to any offset. 27 28

1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 || Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made 3 || directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to any assignment executed by 4 || Plaintiff. Any payments made shall be delivered to Plaintiff's counsel, Bay Area Legal Aid, 1735 5 || Telegraph Ave., Oakland, CA 94612. 6 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 7 fees and does not constitute an admission of liability on the part of Defendant under the EAJA. 8 Payment of the agreed 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 fees in connection with 10 || this action. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 11 |} Act attorney fees under

42 U.S.C. § 406

(b), subject to the savings clause provisions of the EAJA, 12 || although Bay Area Legal Aid has waived their right to claim any fees under

42 U.S.C. §406

(b). 13 Respectfully submitted, 15 16 Dated: December 1, 2025 By: _/s/ Lauren M. Johnson Lauren M. Johnson 17 Bay Area Legal Aid Attorney for Plaintiff

19 Dated: December 1, 2025 By: _ /s/ Erin Highland ae Erin Highland (as authorized by email) 1 Special Assistant United States Attorney Attorney for Defendant 22 23 24 25 26 27 28

l {PROPOSEBLORDER 2 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 3 4 Dated: December 19, 2025 By: | ly 5 Hon. {ydge Robert M. Il/man United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown