Opinion

(SS) Walton v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Mar 21, 2024
Cited by
0 cases
Authority
More cited than 18.5%

“permission to proceed in 5 forma pauperis is itself a matter of privilege and not right; denial of in forma pauperis status does 6 not violate the applicant’s right to due process”

How later courts described this case

  • “permission to proceed in 5 forma pauperis is itself a matter of privilege and not right; denial of in forma pauperis status does 6 not violate the applicant’s right to due process”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 JACKLYN NICOLE WALTON, Case No. 1:24-cv-00238-CDB (SS)

12 Plaintiff, ORDER GRANTING APPLICATION TO

PROCEED IN FORMA PAUPERIS AND

13 v. DIRECTING CLERK OF COURT TO ISSUE

SUMMONS, SCHEDULING ORDER, AND

14 COMMISSIONER OF SOCIAL CONSENT OR REQUEST FOR

SECURITY, REASSIGNMENT DOCUMENTS

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Defendant. (Docs. 2, 6)

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18 Jacklyn Nicole Walton (“Plaintiff”) filed a complaint in this action on February 22, 2024,

19 seeking review of the final decision of the Commissioner of Social Security denying disability

20 benefits. (Doc. 1). Plaintiff did not pay the filing fee and instead filed an application to proceed

21 in forma pauperis (or “IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 2). Plaintiff’s application did

22 not contain sufficient information for the Court to determine whether Plaintiff is entitled to

23 proceed IFP, and on February 27, 2024, the Court ordered Plaintiff to file a long-form IFP

24 application. (Doc. 3). On March 19, 2024, Plaintiff filed a long-form IFP application. (Doc. 6).

25 Upon review of the long-form IFP application, and the pleadings in her complaint, the Court

26 grants Plaintiff’s application to proceed in forma pauperis.

27 I. Proceeding in forma pauperis

In order to proceed in court without prepayment of the filing fee, Plaintiff must submit an

1 affidavit demonstrating that she “is unable to pay such fees or give security therefor.” 28 U.S.C. §

2 1915(a)(1). The right to proceed without prepayment of fees in a civil case is a privilege and not a

3 right. Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 198

4 n.2 (1993); Franklin v. Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984) (“permission to proceed in

5 forma pauperis is itself a matter of privilege and not right; denial of in forma pauperis status does

6 not violate the applicant’s right to due process”) (emphasis added). A plaintiff need not be

7 absolutely destitute to proceed in forma pauperis and the application is sufficient if it states that

8 due to her poverty, she is unable to pay the costs and still be able to provide herself and her

9 dependents with the necessities of life. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331,

10 339 (1948). Whether to grant or deny an application to proceed without prepayment of fees is an

11 exercise of the district court’s discretion. Escobedo v. Applebees, 787 F.3d 1226, 1236 (9th Cir.

12 2015).

13 II. Screening Requirement

14 When a party seeks to proceed in forma pauperis, the Court is required to review the

15 complaint and shall dismiss the complaint, or portion thereof, if it is “frivolous, malicious or fails

16 to state a claim upon which relief may be granted; or…seeks monetary relief from a defendant

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

18 “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not

19 there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S.

20 25, 32-33 (1992).

21 III. Pleading Standards

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

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

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

25 purpose of the complaint is to give the defendant fair notice of the claims, and the grounds upon

26 which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). As set forth

27 by the Supreme Court, Rule 8:

1 … does not require detailed factual allegations, but it demands more than an

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

2 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

3 further factual enhancement.

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

5 Vague and conclusory allegations do not support a cause of action. Ivey v. Board of Regents, 673

6 F.2 266, 268 (9th Cir. 1982). The Iqbal Court clarified further,

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

claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S.

8 544, 570 (2009). A claim has facial plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is

9 liable for the misconduct alleged. Id. at 556. The plausibility standard is not akin

to a “probability requirement,” but it asks for more than a sheer possibility that a

10 defendant has acted unlawfully. Id. Where a complaint pleads facts that are “merely

consistent with” a defendant’s liability, it “stops short of the line between possibility

11 a nd plausibility of “entitlement to relief.”

12 Iqbal, 556 U.S. at 678. When factual allegations are well-pled, a court should assume their truth

13 and determine whether the facts would make the plaintiff entitled to relief; legal conclusions are

14 not entitled to the same assumption of truth. (Id.) The Court may grant leave to amend a complaint

15 to the extent deficiencies of the complaint can be cured by an amendment. Lopez v. Smith, 203

16 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc).

17 IV. Discussion and Analysis

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

19 disability benefits. (Doc. 1). The Court may have jurisdiction pursuant to 42 U.S.C. § 405(g),

20 which provides:

21 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

22 of 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.

23 Such action shall be brought in the district court of the United States for the judicial

district in which the plaintiff resides or has his principal place of business…The

24 court shall have power to enter, upon the pleadings and transcript of the record, a

judgment affirming, modifying, or reversing the decision of the Commissioner of

25 Social Security, with or without remanding the cause for a rehearing.

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

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

1 decision on September 27, 2023, after which Plaintiff had 60 days, plus five days for delivery by

2 mail, to file a civil action. (Doc. 1 ⁋ 2). On January 23, 2024, the Appeals Council granted an

3 additional 30 days, plus five days for delivery by mail. Id. Thus, Plaintiff’s complaint is timely.

4 Plaintiff states that she resides in Chowchilla, California, County of Madera. Id. at ⁋ 4. Therefore,

5 the Court has jurisdiction over this action.

6 A. Plaintiff’s IFP Application

7 In assessing whether an applicant’s income level meets the poverty threshold under

8 Section 1915(a)(1), courts look to the federal poverty guidelines developed each year by the

9 Department of Health and Human Services. See, e.g., Boulas v. United States Postal Serv., No.

10 1:18-CV-01163-LJO-BAM, 2018 WL 6615075, at *1 n.1 (E.D. Cal. Nov. 1, 2018); Calderon v.

11 Commissioner of Social Security, No. 1:22-CV-00890-SAB, 2022 WL 3088494, at *1 (E.D. Cal.

12 July 27, 2022); Trimm v. Commissioner of Social Security, No. 1:22-CV-00663-BAM, 2022 WL

13 2239701, at *1 (E.D. Cal. Jun. 6, 2022) (collecting cases). The 2023 Poverty Guidelines for the

14 48 contiguous states provide that the poverty threshold for a household of two is $20,440.1

15 In the long-form application, Plaintiff represents that she owns a 2013 Hyundai Genesis

16 2013 valued at $12,000.00 and receives every month: (1) $984 in cash aid, (2) $64 in food stamps,

17 and (3) $1,500 from her spouse’s income. Id. at 1-3. Thus, Plaintiff has a total income of $2,548.00

18 per month. Id.

19 Plaintiff claims monthly household expenses of approximately $2,661.00 which is slightly

20 above her monthly income. Id. at 4-5. Specifically, Plaintiff claims $666 in rent/home mortgage

21 payments, $500 for utilities, and $400 for food. Id. at 4. Plaintiff asserts that she spends $300 on

22 toiletries, laundry, and household items, $80 on transportation, and $200 for recreation. Id. at 4-5.

23 In addition, Plaintiff pays $240 per month on car payments as well as $175 per month on cable (Id.)

24 The completed long-form application reflects that although Plaintiff is above the poverty

25 line, her net monthly income is below her estimated expenses. Plaintiff asserts she does not have

26 any disposable income and receives assistance with house through Section 8 and lives paycheck to

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1See HHS Poverty Guidelines for 2024 https://aspe.hhs.gov/poverty-guidelines (last

1 | paycheck. Id. Plaintiff's estimated expenses do not appear exorbitant or implausible. While

2 | Plaintiff does not appear to be totally destitute, Plaintiffs long-form application suggests that her

3 | financial situation is fragile enough that payment of the $402.00 filing fee would have an adverse

4 | impact on her necessities of daily life.

5 | V. Conclusion and Order

6 Plaintiff's complaint states a cognizable claim for review of the administrative decision

7 | denying Social Security benefits and her IFP application also demonstrates that she cannot pay the

8 | filing fee without negatively affecting her necessities of daily life.

9 ACCORDINGLY, IT IS HEREBY ORDERED that Plaintiff’s application to proceed in

10 | forma pauperis (Docs. 2, 6) is GRANTED. The Clerk of Court is directed to issue the following:

11 | 1)aSummons; 2) the Scheduling Order; 3) the Order re Consent or Request for Reassignment; and

12 | 4) a Consent to Assignment or Request for Reassignment form.

13 | IT IS SO ORDERED.

"| Dated: _March 20, 2024 | br

15 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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