Baker v. Astrue

Filing 8

WRITTEN Opinion entered by the Honorable Susan E. Cox on 4/9/2013: Plaintiff's motion for leave to proceed in forma pauperis [dkt 4 ] is granted. (For further details see Written Opinion). Mailed notice. (et, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Susan E. Cox

CASE NUMBER

13 C 1173

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

4/9/2013

Gloria Baker vs. Carolyn W. Colvin

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis [dkt 4] is granted.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Before the Court is Gloria Baker’s in forma pauperis application and financial affidavit (the “financial affidavit”).
Ms. Baker seeks permission to appeal in forma pauperis the defendant Commissioner of the Social Security
Administration denying her claim for disability insurance benefits on the grounds that the Administrative Law
Judge’s decision was “not supported by substantial evidence and is contrary to law.”1 The decision of whether
to grant a request to proceed in forma pauperis is one left to the District Court, pursuant to Title 28 of the United
States Code Section 1915.2 As other courts in this District have recognized, “[f]iling in forma pauperis is a
privilege, and an IFP application should be filled out carefully and comprehensively.”3 A request to proceed in
forma pauperis must be denied if: (1) the claim of poverty is untrue; (2) the claim is frivolous or malicious, (3)
the action fails to state a claim upon which relief may be granted, or (4) the action seeks monetary relief against
a defendant who is immune from such relief.4
Ms. Baker reports, in the financial affidavit, that in the past year she has not received more than $200 in income.
She also avers that neither she nor anyone else living with her has more than $200 in savings; owns any stocks,
bonds or securities; and/or owns any real estate, with or without a mortgage. Ms. Baker next indicates that no
individuals live with her for support and that she has no dependents outside of her residence. She states only that
her mother and sister help with “little things” and, in the past 12 months, she received public assistance in the
form of food stamps totaling $200.00 per month.
We consider Ms. Baker’s application in connection with financial obligations of a one-person household with
no annual income, and only $200.00 per month in public assistance. Under the Department of Health and Human
Services’ 2013Annual Federal Poverty Guidelines, an annual income of $11,490 is the poverty line for a oneperson household.5 We rely on this figure, as well as the absence of any savings or investments, in finding that
Ms. Baker is indigent. Because the court has no reason to believe that her action is frivolous, or fails to state a
claim, her application is granted.
13C1173 Gloria Baker vs. Carolyn W. Colvin

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STATEMENT
1.Compl. ¶7, dkt. 1.
2.28 U.S.C. §1915(a)(1).
3.Hartley v. Villa Scalabrini Nursing & Rehab. Ctr., 2009 WL 3188070, *2 (N.D. Ill. Sept. 30, 2009) (citations
omitted).

4.28 U.S.C. §1915(e)(2)(B); see also Basurto v. Astrue, No. 10-4023, 2010 WL 2720744, *1 (N.D. Ill. July 7,
2010).

5.See http://aspe.hhs.gov/POVERTY/13poverty.cfm#guidelines.

13C1173 Gloria Baker vs. Carolyn W. Colvin

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