Summary
The court granted Kimberly Mary Zapalac’s application to proceed in forma pauperis in her action seeking judicial review of the Commissioner of Social Security’s denial of disability benefits. The court found the complaint timely and cognizable under 42 U.S.C. § 405(g) and directed the Clerk to issue a summons and related scheduling and reassignment documents.
Court
United States District Court for the Eastern District of California
Jurisdiction
United States District Court for the Eastern District of California
Decision date
September 26, 2025
Docket number
1:25-cv-01264-CDB (SS)
Disposition
other
Questions Presented
- Whether Plaintiff satisfied the requirements to proceed in forma pauperis under 28 U.S.C. § 1915(a).
- Whether the complaint was subject to dismissal under the in forma pauperis screening requirements.
- Whether the complaint timely and plausibly stated a claim for judicial review of the Commissioner's final Social Security decision.
- Whether the court had jurisdiction over the action under 42 U.S.C. § 405(g).
Holdings
- Plaintiff satisfied the requirements of 28 U.S.C. § 1915(a) and was entitled to proceed in forma pauperis.
- The complaint was not subject to dismissal at the initial screening stage because it stated a cognizable claim for review of the Commissioner's administrative decision.
- The complaint was timely and the court had jurisdiction under 42 U.S.C. § 405(g) because Plaintiff filed within the period stated in the Appeals Council's notice and alleged residence within the district.
- The complaint satisfied the threshold pleading requirement for this Social Security action by stating a cognizable claim for review of the administrative decision.
Court Document
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