Panas v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

IRENE PANAS, on behalf of M.E.M., a minor,

Plaintiff,

v. No. CIV 17-0364 WJ/JHR

ANDREW SAUL, Commissioner of Social Security,

Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

THIS MATTER comes before the Court on the Proposed Findings and Recommended Disposition (“PFRD”) of Magistrate Judge Jerry H. Ritter [Doc. 48], filed on July 26, 2020. The PFRD recommends that Plaintiff’s Motion for Attorney Fees Pursuant to Equal Access to Justice Act, with Supporting Memorandum [Doc. 44], be granted, and that she be awarded attorney fees in the amount of $20,736.30 as permitted by 28 U.S.C. § 2412, payable to Ms. Panas but mailed to her attorney, for the work her attorney performed before this Court and the United States Court of Appeals for the Tenth Circuit. [Doc. 48, pp. 10-11 (citing Astrue v. Ratliff, 560 U.S. 586 (2010))]. As required by law, the PFRD notified the parties of their ability to file objections and that failure to do so waives appellate review. To-date, neither party has filed objections. Wherefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. Magistrate Judge Ritter’s Proposed Findings and Recommended Disposition [Doc. 48] is ADOPTED by the undersigned District Judge; 2. Plaintiff's Motion for Attorney Fees Pursuant to Equal Access to Justice Act, with Supporting Memorandum [Doc. 44], is therefore GRANTED; 3. Defendant is ordered to pay $20,736.30 to Ms. Panas (mailed to her attorney) as permitted by 28 U.S.C. § 2412; and, 4. If Plaintiff's counsel receives attorney fees under both the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff's counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).

BLN