Jesscenia D. Perez v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Jesscenia D. Perez’s application to proceed in forma pauperis in an action seeking judicial review of the Commissioner of Social Security’s denial of disability benefits. The court finds the complaint timely, cognizable, and within its jurisdiction under 42 U.S.C. § 405(g). The court directs the Clerk to issue a summons, scheduling order, and consent or reassignment documents.

Holdings

1. Plaintiff satisfied the requirements of 28 U.S.C. § 1915(a), so the court granted her application to proceed in forma pauperis.
2. The complaint was not subject to dismissal at the screening stage because it stated a cognizable claim for review of the administrative decision denying Social Security benefits.
3. The court had jurisdiction because Plaintiff alleged residence in Merced County, California and filed the complaint within sixty days after the Appeals Council denied review.

Questions Presented

1. Whether Plaintiff satisfied the requirements for proceeding in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the complaint was subject to dismissal during in forma pauperis screening under 28 U.S.C. §§ 1915(b) and (e)(2).
3. Whether the complaint timely and plausibly invoked jurisdiction for judicial review of the Commissioner's final decision under 42 U.S.C. § 405(g).

Disposition

other