Opinion

(SS) Lopez-Frausto v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Dec 3, 2020
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 AMANDA LOPEZ-FRAUSTO, ) Case No.: 1:20-cv-1611 JLT

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12 Plaintiff, ) ORDER DIRECTING THE CLERK TO ISSUE

) SUMMONS, SOCIAL SECURITY CASE

13 v. ) DOCUMENTS, AND SCHEDULING ORDER

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14 ANDREW SAUL, )

Commissioner of Social Security, )

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Defendant. )

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18 Annette Sue Maseda is proceeding in forma pauperis with an action for judicial review of the

19 administrative decision denying an application for Social Security benefits. Plaintiff filed her First

20 Amended Complaint on November 24, 2020 (Doc. 4), which is now before the Court. For the

21 following reasons, the Court finds issuance of the new case documents is appropriate.

22 I. Screening Requirement

23 When an individual seeks to proceed in forma pauperis, the Court is required to review the

24 complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous, malicious or

25 fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant

26 who is immune from such relief.” 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2). A plaintiff’s claim is

27 frivolous “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or

28 not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S.

1 25, 32-33 (1992). The Court must screen the First Amended Complaint because it supersedes the

2 previously filed complaint. See Forsyth v. Humana, 114 F.3d 1467, 1474 (9th Cir. 1997); King v.

3 Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

4 II. Pleading Standards

5 A pleading must include a statement affirming the court’s jurisdiction, “a short and plain

6 statement of the claim showing the pleader is entitled to relief; and … a demand for the relief sought,

7 which may include relief in the alternative or different types of relief.” Fed. R. Civ. P. 8(a). The

8 Supreme Court noted,

9 Rule 8 does not require detailed factual allegations, but it demands more than an

unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers

10 labels and conclusions or a formulaic recitation of the elements of a cause of action

will not do. Nor does a complaint suffice if it tenders naked assertions devoid of

11 further factual enhancement.

12 Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (internal quotation marks and citations omitted). Vague

13 and conclusory allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d 266,

14 268 (9th Cir. 1982). The Court clarified further,

15 [A] complaint must contain sufficient factual matter, accepted as true, to “state a

claim to relief that is plausible on its face.” [Citation]. A claim has facial plausibility

16 when the plaintiff pleads factual content that allows the court to draw the reasonable

inference that the defendant is liable for the misconduct alleged. [Citation]. The

17 plausibility standard is not akin to a “probability requirement,” but it asks for more

than a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a

18 complaint pleads facts that are “merely consistent with” a defendant’s liability, it

“stops short of the line between possibility and plausibility of ‘entitlement to relief.’

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20 Iqbal, 556 U.S. at 679 (citations omitted). When factual allegations are well-pled, a court should

21 assume their truth and determine whether the facts would make the plaintiff entitled to relief; legal

22 conclusions are not entitled to the same assumption of truth. Id.

23 III. Discussion and Analysis

24 Plaintiff seeks review of a decision by the Commissioner of Social Security denying disability

25 benefits. (Doc. 4) The Court may have jurisdiction pursuant to 42 U.S.C. § 405(g), which provides:

26 Any individual, after any final decision of the Commissioner made after a hearing to

which he was a party, irrespective of the amount in controversy, may obtain a review of

27 such decision by a civil action commenced within sixty days after the mailing to him of

such decision or within such further time as the Commissioner may allow. Such action

28 shall be brought in the district court of the United States for the judicial district in

1 which the plaintiff resides, or has his principal place of business . . . The court shall

have power to enter, upon the pleadings and transcript of the record, a judgment

2 affirming, modifying, or reversing the decision of the Commissioner of Social Security,

with or without remanding the cause for a rehearing.

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4 Id. Except as provided by statute, “[n]o findings of fact or decision of the Commissioner shall be

5 reviewed by any person, tribunal, or governmental agency.” 42 U.S.C. § 405(h).

6 Plaintiff seeks to appeal the final administrative decision denying her application for benefits.

7 (Doc. 4 at 1) Plaintiff reports an administrative law judge issued a decision denying benefits, and she

8 “timely filed a request for review of the ALJ’s decision with the Appeals Council.” (Id. at 2) She

9 alleges the Appeals Council denied the request on September 21, 2020. (Id.) Thus, the request for

10 judicial review was to be filed with sixty-five days, or no later than November 25, 2020. Because

11 Plaintiff initiated this action by filing a complaint prior to that date, the request for judicial review was

12 timely under 42 U.S.C. § 405(g).

13 IV. Conclusion and Order

14 Plaintiff’s complaint states a cognizable claim for review of the administrative decision denying

15 Social Security benefits. Based upon the foregoing, the Court ORDERS:

16 1. The Clerk of Court is DIRECTED to issue summons as to Andrew Saul, Commissioner

17 of Social Security;

18 2. The Clerk of Court is DIRECTED to issue and serve Plaintiff with Social Security Case

19 Documents, including the Scheduling Order, Order regarding Consent, the Consent Form, and USM-

20 285 Forms;

21 3. The U.S. Marshal is DIRECTED to serve a copy of the First Amended Complaint

22 (Doc. 4), summons, and this order upon the defendant as directed by Plaintiff in the USM Forms;

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1 4. After service, the matter will remain stayed pursuant to General Order 615, until the

2 administrative record is filed or further order of the Court lifting the stay.

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4 IT IS SO ORDERED.

5 Dated: December 2, 2020 /s/ Jennifer L. Thurston

6 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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