Mejia v. Secretary of the U.S. Department of Health and Human Services

Background

Sasha Mejia brought this action on behalf of Adalgisa Hernandez, seeking review of the Medicare Appeals Council’s denial of Medicare benefits for Hernandez. The opinion also notes that, in a separate order, the court directed Mejia to explain why she should be permitted to bring claims without a lawyer on Hernandez’s behalf.

Fee or Fee-Waiver Requirement

To begin a civil action in the district court, a plaintiff must either pay the required fees or submit a signed application to proceed without prepaying fees. The required fees here were $405: a $350 filing fee and a $55 administrative fee. Mejia submitted the complaint without either payment or an application.

The court ordered Mejia, within 30 days of the order, to pay the $405 or submit the attached application. The application must be labeled with docket number 25-CV-9267 and completed using Hernandez’s financial information. If Mejia financially supports Hernandez, Mejia must also provide her own financial information. The court explained that, when evaluating an application to proceed without prepaying fees, it may consider resources available from people who support the applicant.

Ruling and Effect

The court directed payment of the fee or submission of the fee-waiver application. No summons will issue at this time. If Mejia does not comply within the allowed period, the action will be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The order did not decide the merits of Hernandez’s Medicare-benefits claim.