Gonzalez v. Colvin

Filing 4

ORDER signed by Judge Rudolph T Randa on 8/12/2014 GRANTING 2 Motion for Leave to Proceed in forma pauperis. (cc: all counsel) (Zik, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ANGELES GONZALEZ,
Plaintiff,
v.

Case No. 14-C-961

CAROLYN COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

DECISION AND ORDER

Plaintiff-Claimant Angeles Gonzalez (“Gonzalez”), seeks leave to proceed in
forma pauperis on the appeal from the denial of her application for social security
disability insurance benefits. (ECF No. 2.) In order to authorize a litigant to proceed
in forma pauperis, the Court must make two determinations: First, whether the
litigant is unable to pay the costs of commencing this action; and, second, whether the
action is frivolous or malicious. 28 U.S.C. §§ 1915(a) and (e)(2)(B)(i).
By her petition and affidavit to proceed in forma pauperis, Gonzalez avers that
she is married. Gonzalez is not employed, however, her spouse is and earns $2,000
per month.

She indicates that she is financially responsible for supporting two

dependents. 1 The family owns two vehicles that are fully paid for – a 2000 Pontiac
and a 2006 Ford Explorer. The two vehicles are worth $7,500. They are buying a
home worth $180,000, with a $132,000 mortgage. Gonzalez has $1,200 in a savings
account and $249.00 in a 401k account and 37.50 in stock. Her monthly expenses
total $3,970, which significantly exceeds the monthly income for the household.
Thus, the Court concludes, Gonzalez has satisfied the requirements of 28 U.S.C.
§ 1915(a) and is unable to pay the $350 filing fee for this action.
Gonzalez must next demonstrate that this action has merit as required by 28
U.S.C. § 1915(e)(2)(B)(i). An action is frivolous if there is no arguable basis for
relief either in law or in fact. Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting
Neitzke v. Williams, 490 U.S. 319, 325 (1989)); Casteel v. Pieschek, 3 F.3d 1050,
1056 (7th Cir. 1993).
Under 42 U.S.C. § 405(g), a plaintiff may obtain review of the Social Security
Commissioner’s decision.

The standard of review that the Court is to apply in

reviewing the Commissioner’s decision is whether the decision is supported by
“substantial evidence.” 42 U.S.C. § 405(g); Jens v. Barnhart, 347 F.3d 209, 212 (7th
Cir. 2003).
The Complaint states that the Commissioner’s decision regarding the denial of
the application for social security disability benefits is not supported by substantial

1

Gonzales indicates she is financially responsible for supporting her father and provides $100
a month in support.

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evidence, and/or is contrary to law. (See Compl. ¶ III(C).) (ECF No. 1.) At this
preliminary stage of the proceedings, the Court concludes that there may be a basis in
law or in fact for Gonzalez’s appeal of the Commissioner’s decision and the appeal
may have merit, as defined by 28 U.S.C. § 1915(e)(2)(B)(i). Therefore, the Court
grants Gonzalez’s request to proceed in forma pauperis.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Gonzalez’s petition for leave to proceed in forma pauperis (ECF No. 2) is
GRANTED.
Dated at Milwaukee, Wisconsin, this 12th day of August, 2014.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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