Bratcher v. Social Security Administration ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Samantha A. B., Case No. 2:24-cv-01031-DJA 6 Plaintiff, 7 Order v. 8 Commissioner of Social Security, 9 Defendant. 10 11 Before the Court is Plaintiff Samantha A. B.’s motion for leave to proceed in forma 12 pauperis. (ECF No. 1). Because the Court finds that Plaintiff has demonstrated an inability to 13 prepay fees and costs or give security for them, it grants the application. The Court also finds that 14 Plaintiff’s complaint has met the basic requirements to satisfy screening. The Court finds these 15 matters properly resolved without a hearing. LR 78-1. 16 I. Discussion. 17 A. The Court grants Plaintiff’s in forma pauperis application. 18 Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing an inability 19 to prepay fees and costs or give security for them. Plaintiff explains that she has no income and 20 relies on help from family and food stamps. The Court thus finds that Plaintiff is unable to pay an 21 initial partial filing fee and grants the application to proceed in forma pauperis. 22 B. Plaintiff’s complaint passes the Court’s screening. 23 Plaintiff’s complaint meets the basic requirements to pass screening. When a plaintiff 24 seeks leave to file a civil case in forma pauperis, the court will screen the complaint. See 28 25 U.S.C. § 1915(e). For social security appeals, judges in this district consider four requirements 26 for complaints to satisfy screening. See, e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. 27 Jan. 26, 2015) (collecting cases). See id. First, the complaint must establish that administrative 1 within 60 days after notice of the Social Security Commissioner’s final decision. See id. Second, 2 the complaint must indicate the judicial district in which the plaintiff resides. See id. Third, the 3 complaint must state the nature of the plaintiff’s disability and when the plaintiff claims to have 4 become disabled. See id. Fourth, the complaint must contain a plain, short, and concise 5 statement identifying the nature of the plaintiff’s disagreement with the determination made by 6 the Social Security Administration and show that the plaintiff is entitled to relief. See id. 7 Here, Plaintiff’s complaint satisfies all four requirements. First, the complaint attaches a 8 Notice of Appeals Council action stamped “Received Apr. 10 2024” indicating that the Appeals 9 Council denied Plaintiff’s request for review, making the Administrative Law Judge’s decision 10 the final decision of the Commissioner. Plaintiff filed her complaint and application less than 11 sixty days after April 10, 2024. Second, Plaintiff claims to live in the jurisdictional boundaries of 12 this Court. Third, the complaint outlines the nature of Plaintiff’s disabilities, and the date 13 Plaintiff became disabled. Fourth, the complaint concisely states Plaintiff’s disagreement with 14 the Social Security Administration’s determination. Because Plaintiff’s complaint meets each of 15 these requirements, it satisfies screening. 16 17 IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma 18 pauperis (ECF No. 1) is granted with the caveat that the fees shall be paid if recovery is made. 19 At this time, Plaintiff shall not be required to pay the filing fee. 20 IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to 21 conclusion without the necessity of prepayment of any additional fees or costs or the giving of 22 security therefor. The Order granting leave to proceed in forma pauperis shall not extend to the 23 issuance of subpoenas at government expense. 24 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file the 25 complaint (ECF No. 1-1). 26 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to provide notice 27 of this action to the Commissioner pursuant to Rule 3 of the Supplemental Rules for Social 1 IT IS FURTHER ORDERED that from this point forward, Plaintiff shall serve upon 2 Defendant or, if appearance has been entered by counsel, upon the attorney, a copy of every 3 pleading, motion, or other document submitted for consideration by the Court. Plaintiff shall 4 include with the original paper submitted for filing a certificate stating the date that a true and 5 correct copy of the document was personally served or sent by mail to the Defendant or counsel 6 for the Defendant. The Court may disregard any paper received by a judge which has not been 7 filed with the clerk, and any paper received by a judge or the clerk which fails to include a 8 certificate of service. 9 10 DATED: June 10, 2024. 11 DANIEL J. ALBREGTS 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27