Luis B. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of California grants Luis B.'s motion to proceed in forma pauperis in his action seeking review of the denial of Social Security disability insurance benefits and Supplemental Security Income. The court finds that Plaintiff demonstrated inability to pay the filing fee and that his complaint satisfies the pleading requirements of the Supplemental Rules for Social Security Actions and survives screening under 28 U.S.C. § 1915(e)(2)(B).

Holdings

1. Plaintiff sufficiently demonstrated an inability to pay the $405 filing fee, so the court granted leave to proceed in forma pauperis.
2. A Social Security appeal filed under the in forma pauperis provisions is subject to mandatory screening under 28 U.S.C. § 1915(e)(2)(B).
3. Supplemental Rule 2, rather than inconsistent provisions of the Federal Rules of Civil Procedure, governs whether a complaint in a Social Security action under 42 U.S.C. § 405(g) sufficiently states a claim for relief.
4. The complaint survived screening because it satisfied Supplemental Rule 2(b), was not frivolous or malicious, and did not seek monetary relief from an immune defendant.

Questions Presented

1. Whether Plaintiff demonstrated sufficient indigence to proceed without prepaying the $405 civil filing fee under 28 U.S.C. § 1915(a).
2. Whether the complaint satisfied the mandatory screening requirements of 28 U.S.C. § 1915(e)(2)(B).
3. Whether the complaint satisfied the pleading requirements of Federal Rules of Civil Procedure Supplemental Rule 2 for Social Security actions under 42 U.S.C. § 405(g).
4. Whether service could be effected through electronic notice to the Social Security Administration's Office of General Counsel and the United States Attorney's Office under Supplemental Rule 3 and General Order 747.

Disposition

other