McCann-Herlikofer v. Social Security Administration

Filing 33

ORDER by District Judge Kenneth J. Gonzales adopting 32 Magistrate Judge's Proposed Findings and Recommended Disposition; and granting in part and denying in part 26 Plaintiff's Motion for Order Authorizing Attorney Fees. (tah)

Case 1:14-cv-00596-KG-LF Document 33 Filed 06/20/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JENNIFER L. McCANN-HERLIKOFER,
Plaintiff,
v.

1:14-cv-00596-KG-LF

KILOLO KIJAKAZI,1 Acting Commissioner
of the Social Security Administration,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition on June 2,
2023 (Doc. 32). The proposed findings notified the parties of their ability to file objections within
fourteen (14) days and that failure to do so waived appellate review. Id. at 10. To date, the parties have
not filed any objections, and there is nothing in the record indicating that the proposed findings were not
delivered.
IT IS THEREFORE ORDERED that:
1.

The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 32) are
ADOPTED;

2.

Plaintiff’s Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. § 406(b)
(Doc. 26) is GRANTED in part and DENIED in part. Plaintiff’s counsel is awarded
$14,027.50 in attorney’s fees pursuant to 42 U.S.C. § 406(b)(1) for representing Ms.
McCann-Herlikofer before this Court. Counsel will refund to Ms. McCann-Herlikofer
the EAJA fees previously awarded in plaintiff’s appeal.

______________________________________
UNITED STATES DISTRICT JUDGE

1

Kilolo Kijakazi became the Acting Commissioner of the Social Security Administration on July 9,
2021, and is automatically substituted as the defendant in this action. FED. R. CIV. P. 25(d).