McLeod v. Commissioner of Social Security
- Laura Swain
- 1:24-cv-05002
- U.S. District Court · Southern District of New York
- 2
In McLeod v. Commissioner of Social Security, Judge Swain transferred the disability-benefits review to the Eastern District of New York for improper venue.
Nikita S. McLeod’s Social Security disability-benefits review case was transferred from the Southern District of New York to the Eastern District of New York; the transferee court will decide whether she may proceed without paying fees.
What happened
Nikita S. McLeod brought this self-represented case seeking review of the Commissioner of Social Security’s denial of her disability-benefits application.
McLeod alleged that she lives in Brooklyn, Kings County, which is in the Eastern District of New York. Because she did not allege a principal place of business in the Southern District of New York, the court found that venue was not proper there.
Judge Swain ordered the case transferred to the Eastern District of New York under federal venue law. The Southern District case was closed, and that court denied permission to appeal without paying fees.
The detailed version
- McLeod v. Commissioner of Social Security · No. 1:24-cv-05002
- Laura Swain
- July 9, 2024
Background
Nikita S. McLeod filed a self-represented action seeking judicial review of the Commissioner of Social Security’s decision denying her application for disability benefits. The opinion identifies the statutory bases for review as 42 U.S.C. §§ 405(g) and/or 1383(c)(3).
Venue Analysis
The court explained that an action under those provisions may be filed only in the federal district where the plaintiff resides or has a principal place of business, unless the plaintiff has neither within a judicial district, in which case the District of Columbia is available. McLeod alleged that she resides in Brooklyn, Kings County, New York. She did not allege a principal place of business in the Southern District of New York. Because Kings County is in the Eastern District of New York, the court found that venue was not proper in the Southern District and that venue lies in the Eastern District.
Disposition
The court ordered the Clerk to transfer the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a). It stated that the transferee court must decide whether McLeod may continue without paying filing fees. The Southern District court directed that no summons issue and stated that its case was closed. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.