Key v. Social Security Administration

• Court: District Court, D. New Mexico
• Decided: January 4, 2021
• Docket: 1:17-cv-00386
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

JENNIFER NICOLE KEY,

Plaintiff,

vs. No. 17-cv-00386-KWR-GBW

SOCIAL SECURITY ADMINISTRATION, Andrew M. Saul, Commissioner of Social Security Administration,1

Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

THIS MATTER is before the Court on Plaintiff’s Motion for an Order Authorizing Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (doc. 36) and the Magistrate Judge’s Proposed Findings and Recommended Disposition (“PFRD”) (doc. 42). This case was referred to the Magistrate Judge to conduct hearings and perform legal analysis pursuant to 28 U.S.C. § 636(b)(1)(B), (b)(3) and Va. Beach Fed. Sav. & Loan Ass’n v. Wood, 901 F.2d 849 (10th Cir. 1990). See Doc. 40. The Magistrate Judge filed his PFRD recommending that Plaintiff’s Motion be granted on December 4, 2020. Doc. 42. Neither Plaintiff nor Defendant filed objections to the Magistrate Judge’s PFRD within fourteen days as required by the statute. Appellate review of these issues is therefore waived. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1059–60 (10th Cir. 1996). Failure to object to the PFRD also waives the right to de novo review by the district court. See id. at 1060; Thomas v. Arn, 474 U.S.

1 Andrew M. Saul is the current Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Andrew M. Saul is automatically substituted for Acting Commissioner Nancy A. Berryhill as the Defendant in this suit. 140, 149-150 (1985). Nevertheless, the Court decided sua sponte to conduct a de novo review of the Magistrate Judge’s findings in this case. See One Parcel, 73 F.3d at 1061. The Court hereby concurs with all of the factual and legal conclusions recited therein. Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition (doc. 42) are ADOPTED. Plaintiff's Motion for an Order Authorizing Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (doc. 36) is GRANTED, and the Court hereby authorizes an award of $20,371.25 in attorney’s fees, to be paid to Plaintiff's counsel by the Commissioner from the funds withheld for this purpose. IT IS FURTHER ORDERED that Plaintiffs counsel shall refund to Plaintiff the fee of $6,306.30 awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

KEA W-. Zed Z a UNITED STATES DISTRICT JUDGE