Mark A. Kiley v. Frank J. Bisignano

Summary

The United States District Court for the Eastern District of Wisconsin grants Mark A. Kiley leave to proceed without prepaying the filing fee in his action seeking review of the denial of Social Security disability benefits. The court finds that he cannot pay the filing fee and that his appeal is not frivolous because it may have a legal or factual basis.

Holdings

1. Plaintiff demonstrated that he could not pay the $405 filing fee, so he qualified to proceed without prepaying it.
2. The action was not frivolous because the complaint presented an arguable basis in law or fact for challenging the Commissioner's denial of disability benefits.

Questions Presented

1. Whether plaintiff demonstrated that he was unable to pay the $405 filing fee.
2. Whether plaintiff's Social Security appeal was frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

Disposition

other