Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AMOR AYALA,
Plaintiff,
vs. 	Civ. No. 24-1209 DHU/JFR
FRANK BISIGNANO, Commissioner,
Social Security Administration,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS
AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Proposed Findings and Recommended
Disposition by United States Magistrate Judge John F. Robbenhaar, filed February 3, 2026.
Doc. 33. Objections were due by no later than February 17, 2026. The parties have not filed any
objections. 	The failure to make timely objections to the Magistrate Judge’s Proposed Findings
and Recommended Disposition waives appellate review of both factual and legal questions. U.S.
v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Magistrate Judge’s Proposed Findings and
Recommended Disposition (Doc. 33) is adopted.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to the
Equal Access to Justice Act (“EAJA”) (Doc. 27) is GRANTED and that Plaintiff is awarded
$11,565.00 in attorney fees. See Astrue v. Ratliff, 560 U.S. 586, 590-92, 130 S.Ct. 2521, 2525-27
(2010) (holding that Section 2412(d) directs that courts shall award fees and other expenses to the
prevailing party, and not to the prevailing party’s attorney).
Case 1:24-cv-01209-DHU-JFR Document 34 Filed 02/25/26 Page 1 of 2

IT IS FURTHER ORDERED that Plaintiff’s request for additional EAJA fees in the
amount of $3,777.90 related to compensation for fee litigation is GRANTED. Id.
IT IS FURTHER ORDERED that 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).
_______________________________________
DAVID H. URIAS
United States District Judge
Case 1:24-cv-01209-DHU-JFR Document 34 Filed 02/25/26 Page 2 of 2