Alfonso S. v. Social Security Administration

Summary

The United States District Court for the Southern District of California grants Plaintiff Alfonso S.’s renewed motion to proceed in forma pauperis. After screening the amended complaint under 28 U.S.C. §§ 1915(e)(2) and 1915(a), the Court finds that the complaint sufficiently states a claim for review of a Social Security Administration decision and directs substitution of Commissioner Frank Bisignano as Defendant.

Holdings

1. Plaintiff met his burden of demonstrating with particularity, definiteness, and certainty that he could not pay the filing fee while providing for life's necessities; therefore, the court granted leave to proceed in forma pauperis.
2. The amended complaint was sufficient to survive screening under 28 U.S.C. § 1915(e)(2) and § 1915(a).
3. The Clerk was directed to substitute Commissioner Frank Bisignano for former Commissioner Martin O'Malley as the defendant.

Questions Presented

1. Whether Plaintiff demonstrated sufficient indigency to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether Plaintiff's amended complaint stated a sufficiently clear claim for review of a Supplemental Security Income decision and survived mandatory screening under 28 U.S.C. § 1915(e)(2).
3. Whether the former Social Security Commissioner should be replaced by the current Commissioner under Federal Rule of Civil Procedure 25(d).

Disposition

other