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S.D.N.Y.Procedural orderFiled Nov. 25, 2025

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

Full caption

Sasha Mejia, on behalf of Adalgisa Hernandez v. Secretary of the U.S. Department of Health and Human Services

Judge
Laura Swain
Docket
1:25-cv-09267
Court
U.S. District Court · Southern District of New York
Pages
6
Civil ProcedurePro Se
In one sentence

In Sasha Mejia v. Secretary of HHS, Judge Swain ordered Mejia to explain why she may represent Hernandez without a lawyer.

Who this affects

Sasha Mejia and Adalgisa Hernandez. Mejia must explain why she should be allowed to litigate Hernandez’s Medicare-benefits case without a lawyer; otherwise, the action will be dismissed without prejudice as stated in the order.

What happened

Sasha Mejia, on behalf of Adalgisa Hernandez v. Secretary of the U.S. Department of Health and Human Services concerns Mejia’s attempt to obtain court review of a decision denying Hernandez Medicare benefits. The complaint was signed only by Mejia, who is not alleged to be a lawyer.

Mejia says she is Hernandez’s granddaughter and “authorized representative.” The court said a person without a lawyer generally may represent only herself, and the complaint did not explain Mejia’s authority, financial stake, role in earlier Medicare proceedings, or ability to represent Hernandez competently.

Judge Laura Taylor Swain ordered Mejia to file a declaration within 30 days explaining why she should be allowed to litigate for Hernandez without a lawyer. If she does not, the court will dismiss the action without prejudice to refiling by Hernandez through counsel or by Hernandez herself.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mejia v. Secretary of the U.S. Department of Health and Human Services · No. 1:25-cv-09267
Judge
Laura Swain
Date
Nov. 25, 2025

Background

Sasha Mejia filed this action on behalf of her grandmother, Adalgisa Hernandez, seeking review of the Medicare Appeals Council’s final decision denying Hernandez Medicare benefits. The complaint was signed only by Mejia. The opinion states that Mejia proceeded without a lawyer and did not pay the required filing fees or submit an application to proceed without prepaying them; a separate order addressed that fee deficiency.

Representation issue

Mejia described herself as Hernandez’s granddaughter and “authorized representative,” but she did not allege that she is a lawyer. The court explained that a nonlawyer generally may represent only herself. It also noted that, in some cases involving children or spouses, a nonlawyer family member may proceed without counsel when the person has a sufficient interest in the case, the parties’ interests are closely connected, and the person is competent to litigate.

The court found that the complaint did not explain the nature or scope of Mejia’s authority to represent Hernandez. It also did not allege facts showing that Mejia has a stake in the case, such as responsibility for Hernandez’s expenses, or clarify whether Mejia represented Hernandez before the Medicare Appeals Council.

Order

The court directed Mejia to show cause by declaration, within 30 days, why she should be permitted to litigate the action without a lawyer on Hernandez’s behalf. The declaration must address the nature and scope of Mejia’s role as an authorized representative, whether she is Hernandez’s legal guardian or responsible for her expenses, whether their interests are otherwise closely connected, and whether Mejia meets basic standards of competence to litigate the action.

The court did not decide whether Hernandez is entitled to Medicare benefits. If Mejia does not file the declaration within the allowed time, the court stated that it will dismiss the action without prejudice to refiling by Hernandez through counsel or to Hernandez bringing claims herself. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Judge

Laura Taylor Swain, Chief United States District Judge, signed the order.

The authoritative version

Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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