Gonzalez v. Commissioner of Social Security
- Laura Swain
- 1:25-cv-06844
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Commissioner of Social Security, Chief Judge Swain ordered Elsa Gonzalez to correct signatures and an IFP application before the case proceeds.
Elsa Gonzalez and L.R.; Gonzalez must correct the filings for the case to proceed.
What happened
In Gonzalez v. Commissioner of Social Security, Elsa Gonzalez, who is representing herself, brought a case on behalf of her granddaughter, L.R., a minor, seeking review of a Social Security decision. L.R. signed both the complaint and the application to proceed without paying the filing fee, but the application contained Gonzalez’s financial information.
The court said L.R. did not have the legal capacity to bring the case and that Gonzalez, who is bringing it, must sign the complaint and complete the application. The court gave Gonzalez 30 days to sign and resubmit the complaint’s signature page and to complete and sign an amended fee-waiver application. No summons will issue at this time.
Chief Judge Laura Taylor Swain ordered that the case be processed under the Clerk’s Office procedures if Gonzalez complies. If she does not comply within the allowed time, the action will be dismissed without prejudice. The court also denied permission to proceed without paying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Gonzalez v. Commissioner of Social Security · No. 1:25-cv-06844
- Laura Swain
- Aug. 26, 2025
Background
Elsa Gonzalez, proceeding without a lawyer, filed this action on behalf of L.R., her minor granddaughter. The action seeks judicial review of a final decision by the Commissioner of Social Security. L.R. signed the complaint and the application to proceed in forma pauperis (IFP), meaning without paying the filing fee. The IFP application, however, provided only Gonzalez’s financial information.
Court’s Order
The court concluded that L.R. lacked the legal capacity to bring the action under Federal Rule of Civil Procedure 17(c). Because Gonzalez is bringing the action, the court directed Gonzalez to complete both required documents. Within 30 days of the order, Gonzalez must sign and resubmit the complaint’s attached signature page and complete and sign an amended IFP application.
No summons will issue at this time. If Gonzalez complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the permitted time, the action will be dismissed without prejudice, meaning the order does not state that refiling is barred.
Disposition
Chief Judge Laura Taylor Swain directed Gonzalez to submit the original complaint signature and amended IFP application. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied IFP status for purposes of an appeal. The order did not decide whether the Commissioner’s Social Security decision was legally correct.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.