Goldstein v. Astrue

Filing 2

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. The Clerk of the Court shall file the Complaint. Defendants shall have 60 days from the date of service to file their answer or responsive pleading to Plaintiffs Complaint. Signed by Magistrate Judge George Foley, Jr on 1/28/2013. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11

STEFANIE J. GOLDSTEIN,

)
)
Plaintiff,
)
)
vs.
)
)
SOCIAL SECURITY ADMINISTRATION,
)
)
Defendant.
)
__________________________________________)

Case No. 2:13-cv-00095-GMN-GWF
ORDER
Application to Proceed In Forma
Pauperis (#1) and Screening of
Complaint

12
This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis (#1),

13
14

filed on January 17, 2013.

15

BACKGROUND

16

Plaintiff alleges a claim against the Social Security Administration (SSA), challenging its denial

17

of social security disability benefits. Plaintiff alleges that at all time relevant to this action, she was

18

disabled as defined by the Social Security Act. Plaintiff claims that the Social Security Commissioner,

19

initially and upon reconsideration, denied her request for supplemental security income. Plaintiff states

20

that she timely requested review of the ALJ’s decision with the Appeals Council, which was denied on

21

November 9, 2012. Plaintiff now seeks judicial review of that final agency decision.

22

DISCUSSION

23

I.

24

Plaintiff filed this instant action and attached a financial affidavit to her application and

25

complaint as required by 28 U.S.C. § 1915(a). Having reviewed Plaintiff’s financial affidavit pursuant

26

to 28 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. Therefore,

27

Plaintiff's request to proceed in forma pauperis in federal court is granted.

28

...

Application to Proceed In Forma Pauperis

1

II.

2

Plaintiff brings suit against the SSA alleging she was wrongfully denied social security

3

disability benefits. Federal courts only have jurisdiction to conduct judicial review of the SSA’s final

4

decisions. See 42 U.S.C. § 405(g); see also Pacific Coast Medical Enterprises v. Harris, 633 F.2d 123,

5

137 (9th Cir. 1980). Plaintiff appears to have fully exhausted her administrative remedies with the

6

SSA. The Court will therefore allow Plaintiff’s complaint to proceed as a petition for judicial review of

7

a final agency decision. Accordingly,

Complaint

8

IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis (#1) is

9

granted with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff shall not

10

be required to pre-pay the full filing fee of three hundred fifty dollars ($350.00).

11

IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint.

12

IT IS FURTHER ORDERED that the Clerk of the Court shall serve the Commissioner of the

13

Social Security Administration by sending a copy of summons and Complaint by certified mail to: (1)

14

the General Counsel, Social Security Administration, Room 611, Altmeyer Building, 6401 Security

15

Boulevard, Baltimore, MD 21235 and (2) the Attorney General of the United States, Department of

16

Justice, 950 Pennsylvania Ave. NW, Washington DC 20530.

17

IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of summons and

18

Complaint by certified mail to: Office of the Regional Chief Counsel, Region IX, Social Security

19

Administration, 160 Spear Street, Suite 899, San Francisco, California 94105.

20

IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to the United

21

States Attorney for the District of Nevada, and deliver the summons and Complaint to the U.S. Marshal

22

for service.

23
24

IT IS FURTHER ORDERED that Defendants shall have sixty (60) days from the date of
service to file their answer or responsive pleading to Plaintiff’s Complaint in this case.

25

IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendant, or their

26

attorney if they have retained one, a copy of every pleading, motion, or other document submitted for

27

consideration by the court. Plaintiff shall include with the original paper submitted for filing a

28

certificate stating the date that a true and correct copy of the document was mailed to Defendant or their
2

1

counsel. The court may disregard any paper received by a district judge, magistrate judge, or the Clerk

2

which fails to include a certificate of service.

3

DATED this 28th day of January, 2013.

4
5
6

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3