Jason J. v. Bisignano

Summary

The court grants Plaintiff’s motion 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 that Plaintiff demonstrated inability to pay the filing fee and that his complaint sufficiently states a claim under 42 U.S.C. § 405(g). The court notes that electronic notice to the Social Security Administration and the United States Attorney satisfies service requirements under the Supplemental Rules for Social Security Actions.

Holdings

1. Plaintiff sufficiently showed an inability to pay the $405 filing fee and was entitled to proceed in forma pauperis without prepayment of fees or costs.
2. The complaint stated a claim upon which relief could be granted and survived screening under 28 U.S.C. § 1915(e)(2)(B).
3. A summons and complaint need not be served under Federal Rule of Civil Procedure 4; transmitting a notice of electronic filing to the appropriate Social Security Administration and United States Attorney offices satisfies the applicable service procedure.

Questions Presented

1. Whether Plaintiff sufficiently demonstrated inability to pay the civil filing fee to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether Plaintiff's Social Security complaint stated a claim and contained sufficient information to survive mandatory screening under 28 U.S.C. § 1915(e)(2)(B).
3. Whether service of the Social Security complaint required issuance and service of a summons under the Supplemental Rules for Social Security Actions.

Disposition

other