Moore v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Richard Moore’s application to proceed in forma pauperis in an action seeking review of the Commissioner of Social Security’s denial of disability benefits. The court finds that the complaint states a cognizable claim under 42 U.S.C. § 405(g) and was timely filed. 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) and may commence the action without prepayment of the filing fee.
2. The complaint states a cognizable and timely claim for review of the Commissioner's final decision denying Social Security benefits.
3. The Clerk must issue a summons, scheduling order, order regarding consent or reassignment, and consent-to-assignment or reassignment form.

Questions Presented

1. Whether Plaintiff satisfied the statutory requirements to proceed in forma pauperis.
2. Whether the complaint stated a cognizable, timely claim for judicial review of the Commissioner's final decision under 42 U.S.C. § 405(g).
3. Whether the Clerk should issue the summons and initial case-management and reassignment documents.

Disposition

other