Appel v. Secretary of Health and Human Services

Filing 6

ORDER denying 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiffs application to proceed in forma pauperis is denied and plaintiff shall pay the three hundred fifty dollar ($350.00) filing fee within two (2) weeks of the date of this Order or this action will be dismissed. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 1/22/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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EVAN HERBERT APPEL, D.C.,
Plaintiff,
ORDER
12-CV -5773(SJF)

-against-

FILED
SECRETARY OF HEALTH AND HUMAN
SERVICES, Council Docket No. M-12-2123,
ALJ Appeal No. l-924995185,
Defendant.

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IN CLERK'S OFFICE
U 5 DISTRICT COURTED NY

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Jf.,.;, 2 2 2013

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LONG 1;. :~\Ni.J OFFICE.

FEUERSTEIN, District Judge:
On November 20, 2012, prose plaintiff Evan Herbert Appel ("plaintiff') filed a complaint
in this Court against the Secretary of Health and Human Services ("defendant") seeking review of
the final decision of the Medicare Appeals Council denying Medicare coverage for chiropractic
services furnished by plaintiff to a beneficiary between March 20 II and September 20 ll and finding
plaintiff liable for the non-covered costs pursuant to, inter alia, Section 1869(b) of the Social
Security Act, 42 U.S. C.§ 1395ff(b), accompanied by an application to proceed in forma pauperis.
For the reasons set forth below, the application to proceed in forma pauperis is denied.
To quality for in forma pauperis status, "an affidavit is sufficient which states that one cannot
because of his poverty pay or give security for the costs [inherent in litigation] and still be able to
provide himself and dependents with the necessities oflife." Adkins v. E.!. DuPont De Nemours
& Co.Jnc., 335 U.S. 331,339,69 S. Ct. 85,93 L. Ed. 43 (1948) (internal quotation marks and

citations omitted). Plaintiffs affidavit fails to meet this standard since, inter alia, he avers that he
is a self-employed chiropractor who presently earns a total monthly income, including social security
benefits, of nine hundred twenty-eight dollars ($928.00); he has approximately fourteen thousand

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two hundred fifty dollars ($14,250.00) in bank accounts; and he lives with his mother, to whom he
does not pay rent. Plaintiff does not identifY any monthly expenses for which he is responsible.
Accordingly, plaintiffs application to proceed in forma pauperis is denied and plaintiff shall pay the

three hundred fifty dollar ($350.00) filing fee within two (2) weeks of ffie date ofthis Order or
this action will be dismissed.
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feull(steir\
,United States District Judge
Dated:

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January J;~ 2013
Central Islip, New York

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