Kalinich v. Kijakazi, Acting Commissioner of SSA

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Kasandra Dee Kalinich, Case No. 2:22-cv-00859-DJA 6 Plaintiff, 7 ORDER v. 8 Kilolo Kijakazi, 9 Defendant. 10 11 Before the Court is Plaintiff Kasandra Dee Kalinich’s application to proceed in forma 12 pauperis on her appeal from the Social Security Commissioner’s final decision. (ECF No. 1). 13 Because the Court finds that Plaintiff has demonstrated an inability to prepay fees and costs or 14 give security for them, it grants her application. The Court also finds that Plaintiff’s complaint 15 has met the basic requirements to satisfy screening. The Court finds these matters properly 16 resolved without a hearing. LR 78-1. 17 I. Discussion. 18 A. The Court grants Plaintiff’s in forma pauperis application. 19 Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing an inability 20 to prepay fees and costs or give security for them. Plaintiff is unemployed, her only income is 21 food stamps, and her spouse pays for most of their bills. She claims that her and her spouse have 22 no money in any bank accounts or any cash. The two own a Jeep Grand Cherokee they value at 23 around $3,000. Plaintiff explains that she has no income and that her and her spouse can barely 24 make ends meet with her spouse’s income. Based on the financial information provided, the 25 Court finds that Plaintiff is unable to pay an initial partial filing fee and grants her application to 26 proceed in forma pauperis. 27 1 B. Plaintiff’s complaint passes the Court’s screening. 2 Plaintiff’s complaint meets the basic requirements to pass screening. When a plaintiff 3 seeks leave to file a civil case in forma pauperis, the court will screen the complaint. See 28 4 U.S.C. § 1915(e). For social security appeals, judges in this district consider four requirements 5 for complaints to satisfy screening. See, e.g., Graves v. Colvin, 2015 WL 357121, *2 (D. Nev. 6 Jan. 26, 2015) (collecting cases). See id. First, the complaint must establish that administrative 7 remedies were exhausted under 42 U.S.C. § 405(g) and that the plaintiff filed her application 8 within 60 days after notice of the Social Security Commissioner’s final decision. See id. Second, 9 the complaint must indicate the judicial district in which the plaintiff resides. See id. Third, the 10 complaint must state the nature of the plaintiff’s disability and when the plaintiff claims to have 11 become disabled. See id. Fourth, the complaint must contain a plain, short, and concise 12 statement identifying the nature of the plaintiff’s disagreement with the determination made by 13 the Social Security Administration and show that the plaintiff is entitled to relief. See id. 14 Here, Plaintiff’s complaint satisfies screening under the four requirements. First, the 15 complaint asserts that Plaintiff applied for supplemental security income benefits, which 16 application the Commissioner denied. Afterwards, Plaintiff timely requested and participated in a 17 hearing before an administrative law judge, who denied her claim. The Appeals Council denied 18 review of the administrative law judge’s decision on April 18, 2022, making it final. Plaintiff 19 filed her in forma pauperis application less than 60 days later. Second, Plaintiff claims to live in 20 the jurisdictional boundaries of this Court. Third, Plaintiff outlines the nature of her disability 21 and the date on which she became disabled. Fourth, Plaintiff concisely states her disagreement 22 with the Social Security Administration’s determination. Because Plaintiff’s complaint meets 23 each of these requirements, it satisfies screening. 24 IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma 25 pauperis (ECF No. 1) is granted with the caveat that the fees shall be paid if recovery is made. 26 At this time, Plaintiff shall not be required to pay the filing fee. 27 IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to 1 security therefor. The Order granting leave to proceed in forma pauperis shall not extend to the 2 issuance of subpoenas at government expense. 3 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file the 4 complaint (ECF No. 1-1). 5 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to serve the 6 Commissioner of the Social Security Administration by sending a copy of the summons and 7 complaint by certified mail to: (1) Office of Regional Chief Counsel, Region IX, Social Security 8 Administration, 160 Spear St., Suite 800, San Francisco, California 94105-1545; and (2) the 9 Attorney General of the United States, Department of Justice, 950 Pennsylvania Avenue, N.W., 10 Washington, D.C. 20530. 11 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to issue 12 summons to the United States Attorney for the District of Nevada and deliver the summons and 13 Complaint to the U.S. Marshal for service. 14 IT IS FURTHER ORDERED that from this point forward, Plaintiff shall serve upon 15 Defendant or, if appearance has been entered by counsel, upon the attorney, a copy of every 16 pleading, motion or other document submitted for consideration by the Court. Plaintiff shall 17 include with the original paper submitted for filing a certificate stating the date that a true and 18 correct copy of the document was personally served or sent by mail to the Defendant or counsel 19 for the Defendant. The court may disregard any paper received by a judge which has not been 20 filed with the clerk, and any paper received by a judge or the clerk which fails to include a 21 certificate of service. 22 DATED: June 23, 2022 23 DANIEL J. ALBREGTS 24 UNITED STATES MAGISTRATE JUDGE 25 26 27