Morin v. Commissioner of Social Security Administration

Filing 43

ORDER finding as moot 34 Motion for Attorney Fees; finding as moot 35 Motion for Attorney Fees; finding as moot 36 Motion for Attorney Fees; granting 37 Motion for Attorney Fees, awarding $15,593.13 in attorney fees. Signed by Honorable Bruce Howe Hendricks on 1/6/2022. (mmcd)

0:19-cv-00628-BHH

Date Filed 01/06/22

Entry Number 43

Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
JASON MORIN,
Plaintiff,
v.
KILOLO KIJAKAZI, 1
Acting Commissioner of
Social Security Administration,
Defendant.

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Civil Action No. 0:19-cv-00628-BHH

ORDER

This matter is before the Court upon Plaintiff’s counsel’s motions for attorney’s fees under
42 U.S.C. § 406(b). Plaintiff’s counsel initially filed three separate motions but subsequently filed
a consolidated motion. (See ECF Nos. 34-37.) Defendant filed responses to Plaintiff’s counsel’s
motions, indicating that she neither supports nor opposes counsel’s request for a total of
$15,593.13 in attorney’s fees under 42 U.S.C. § 406(b).
After review, the Court finds Plaintiff’s counsel’s first three motions (ECF Nos. 34, 35,
and 36) moot based on the subsequent filing of the consolidated motion, and the Court hereby
grants the consolidated motion (ECF No. 37) and awards Evan C. Bramhall, Esq., attorney’s fees
under 42 U.S.C. § 406(b) in the amount of $15,593.13 (or 25% of past-due benefits due to
Plaintiff’s beneficiaries by reason of this Court’s judgment, whichever is less). Plaintiff’s counsel
will reimburse Plaintiff any fees he previously received under the Equal Access Justice Act
(EAJA), 28 U.S.C. § 2412.
1

Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant
to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted,
therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue
this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. §
405(g).

0:19-cv-00628-BHH

Date Filed 01/06/22

Entry Number 43

Page 2 of 2

IT IS SO ORDERED.

January 6, 2022
Charleston, South Carolina

_/s/Bruce H. Hendricks____________
Honorable Bruce H. Hendricks
United States District Judge