Bennett, Theresa v. Social Security Administration et al

Filing 4

ORDER on ifp request: Plaintiff to submit supplemental information of the total amount of her husband's income for the past 12 months. Supplement to her financial affidavit due 6/3/2014. Signed by Magistrate Judge Peter A. Oppeneer on 5/19/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THERESA LYNN BENNETT,
Plaintiff,

ORDER

v.
Case No. 14-cv-331-wmc
SOCIAL SECURITY ADMINISTRATION
AND OFFICE OF DISABILITY
ADJUDICATION AND REVIEW,
Defendants.

Plaintiff Theresa Lynn Bennett has filed a civil suit pursuant to 42 U.S.C. § 405(g) for
review of a final decision of the Commissioner of Social Security denying plaintiff’s
application for social security disability benefits. Plaintiff seeks to commence this lawsuit
without prepayment of the filing fees and costs or providing security therefor, pursuant to 28
U.S.C. § 1915. From the affidavit of indigency plaintiff has submitted, I cannot determine
whether she qualifies for indigent status. In her affidavit, plaintiff states that she has no
monthly income. She lists her husband as having a seasonal monthly income of $1,944.
However, it is not clear how many total months this past year her husband had this monthly
income.

To clarify this for the court, plaintiff must provide the total amount of her

husband’s income for the past 12 months.

Without such information, I am unable to

conclude that plaintiff qualifies for indigent status. Therefore, I will provide plaintiff with
the opportunity to supplement her request for leave to proceed without prepaying the filing
fee by responding to this order providing the court with the total amount of income her
husband made for the past 12 months.

ORDER
IT IS ORDERED that plaintiff Theresa Lynn Bennett may have until June 3, 2014, in
which to supplement her affidavit of indigency with the total amount her husband received as
income within the past 12 months.

If plaintiff fails to provide this requested financial

information in a timely fashion, then the court will deny her request for leave to proceed
without prepayment of the filing fee for failure to show that she is indigent.

Entered this 19th day of May, 2014.
BY THE COURT:

/s/
PETER A. OPPENEER
Magistrate Judge