Panas v. Social Security Administration
Filing
49
ORDER by Chief District Judge William P. Johnson ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS; and GRANTING 44 Motion for Attorney Fees. (mag)
Case 1:17-cv-00364-WJ-JHR Document 49 Filed 08/17/20 Page 1 of 2
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;
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Case 1:17-cv-00364-WJ-JHR Document 49 Filed 08/17/20 Page 2 of 2
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).
_____________________________________
CHIEF UNITED STATES DISTRICT JUDGE
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