Dominic Rivera Velez v. Commissioner of Social Security
- Robert Illman
- 1:24-cv-04005
- U.S. District Court · Northern District of California
- 3
In Dominic Rivera Velez v. Commissioner of Social Security, Judge Illman approved a settlement awarding attorney fees and zero costs under federal fee statutes.
Dominic Rivera Velez and Bay Area Legal Aid are affected by the approved attorney-fee and costs settlement; the Commissioner of Social Security is the opposing party, and payment may be subject to a federal-debt offset.
What happened
Dominic Rivera Velez and the Commissioner of Social Security agreed to settle Rivera Velez’s request for attorney fees in this case. The agreement was made under the Equal Access to Justice Act, a federal law that can allow fees in litigation against the government.
The settlement provides for an attorney-fee award, but the amount is not legible in the provided opinion text, and provides zero dollars in costs. The agreement says payment will be made to Rivera Velez, with possible direct payment to Bay Area Legal Aid if the Treasury Department finds that Rivera Velez does not owe a federal debt.
Judge Robert Illman approved the parties’ stipulation and proposed order on December 19, 2025. The agreement does not admit that the Commissioner violated the fee statute and resolves the fee claims connected to this action.
The detailed version
- Dominic Rivera Velez v. Commissioner of Social Security · No. 1:24-cv-04005
- Robert Illman
- Dec. 19, 2025
Background
The parties submitted a stipulation asking the court to approve a settlement of Dominic Rivera Velez’s request for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and costs under 28 U.S.C. § 1920. The filing was signed for Rivera Velez by Lauren M. Johnson of Bay Area Legal Aid and for the Commissioner by Special Assistant United States Attorney Erin Highland.
Settlement Terms
The stipulation provides for an award of attorney fees under the Equal Access to Justice Act. The fee amount is not reliably legible in the provided opinion text. It separately states that the costs award is zero dollars. The agreement says that the fees are payable to Rivera Velez. If the Treasury Department determines that Rivera Velez does not owe a federal debt, the government is to pay Bay Area Legal Aid directly under any assignment executed by Rivera Velez.
The agreement explains that payment would be subject to any offset allowed through the Treasury Department’s offset program. It also states that the settlement is a compromise, is not an admission of liability by the Commissioner under the Equal Access to Justice Act, and releases claims concerning Equal Access to Justice Act fees in this action. It preserves counsel’s stated ability to seek fees under 42 U.S.C. § 406(b), subject to the statute’s savings clause, although Bay Area Legal Aid waived its right to seek those fees.
Ruling
Judge Robert M. Illman ordered the stipulation approved. The order resolves the parties’ settlement concerning attorney fees and costs; the provided text does not address the underlying Social Security determination.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.