Brian Douglas Hines v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Nevada grants Brian Douglas Hines’s application to proceed in forma pauperis in his Social Security disability benefits appeal. The court finds that the complaint plausibly challenges the Commissioner’s decision as unsupported by substantial evidence and directs the clerk to file and serve the complaint under the applicable Supplemental Rules for Social Security Actions.

Holdings

1. Plaintiff adequately demonstrated that he was unable to pay the filing fee or give security, so the court granted his application to proceed in forma pauperis.
2. The complaint stated a claim upon which relief could be granted and could proceed past screening under 28 U.S.C. § 1915(e).
3. The court had jurisdiction over plaintiff's appeal from the Commissioner's denial of disability insurance benefits.

Questions Presented

1. Whether plaintiff demonstrated that he was unable to pay the filing fee or give security and therefore could proceed in forma pauperis.
2. Whether the complaint stated a plausible claim for judicial review of the Commissioner's denial of disability insurance benefits.
3. Whether the court had jurisdiction over plaintiff's appeal under the Social Security Act.

Disposition

other