Summary
The United States District Court for the District of Nevada grants Sherylabigail Elissa Castro Santillan’s amended application to proceed in forma pauperis in her Social Security disability appeal. The court screens the complaint under 28 U.S.C. § 1915(e), finds that it states a plausible claim challenging the Commissioner’s denial of Disability Insurance Benefits, and directs service of the complaint.
Holdings
- Plaintiff qualified to proceed in forma pauperis because her long-form application showed that she was unable to pay the filing fee or provide security while providing for the necessities of life.
- The complaint stated a claim upon which relief could be granted because plaintiff alleged that she was disabled, had applied for Disability Insurance Benefits, had been denied benefits, and challenged the evidentiary support for the Administrative Law Judge's decision.
Questions Presented
- Whether plaintiff's long-form financial affidavit demonstrated that she was unable to pay the filing fee or provide security and therefore qualified to proceed in forma pauperis.
- Whether plaintiff's Social Security complaint stated a plausible claim for judicial review of the Commissioner's denial of Disability Insurance Benefits under 42 U.S.C. § 405(g).
Disposition
other
Cases Cited (13)
- Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Marin v. Hahn, 271 Fed. Appx. 578 (9th Cir. 2008)(followed)
- Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016)(followed)
- Greco v. NYE Cty. Dist. Jude Robert Lane, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493981, at *3 (D. Nev. Nov. 9, 2016)(followed)
- Greco v. Lake, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493963 (D. Nev. Dec. 30, 2016)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir. 1980)(followed)
- Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995)(followed)
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Cited In (0)
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Court Document
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