Purley v. Social Security Administration

Filing 38

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING 31 Motion for Attorney Fees. See Order for Specifics. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

PAULA PURLEY,
Plaintiff,

v.

No. CIV-14-0895 MV/LAM

CAROLYN W. COLVIN, Acting Commissioner
of the Social Security Administration,
Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS
AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Magistrate Judge Lourdes A. Martínez’ Proposed
Findings and Recommended Disposition (Doc. 37) filed on August 15, 2016, which
recommended granting Plaintiff’s Motion for Attorney Fees Pursuant to the Equal Access to
Justice Act, With Memorandum in Support (Doc. 31). No party has filed objections to the
Proposed Findings and Recommended Disposition (Doc. 37) and the deadline for filing
objections has passed. The Court has determined that it will adopt the Proposed Findings and
Recommended Disposition (Doc. 37) and grant Plaintiff’s Motion for Attorney Fees Pursuant to
the Equal Access to Justice Act, With Memorandum in Support (Doc. 31).
IT IS THEREFORE ORDERED that the Proposed Findings and Recommended
Disposition (Doc. 37) are ADOPTED by the Court.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to the
Equal Access to Justice Act, With Memorandum in Support (Doc. 31) is GRANTED and
Plaintiff is authorized to receive $6,954.00 in attorney fees for payment to Plaintiff’s attorney for

services before this Court, as permitted by the Equal Access to Justice Act, 28 U.S.C. § 2412, and
in accordance with Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 2007).
IT IS FURTHER ORDERED that, if Plaintiff’s counsel is ultimately granted attorney
fees pursuant to 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff’s attorney shall refund the
smaller award to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586, 596 n.4 (2010) (explaining
that, if a claimant’s counsel is ultimately granted attorney fees under § 406(b) out of the claimant’s
benefit award, the claimant’s attorney must refund to the claimant the amount of the smaller fee).
IT IS SO ORDERED.

_____________________________________
HONORABLE MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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