Ramos v. Commissioner of Social Security
- Laura Swain
- 1:26-cv-05578
- U.S. District Court · Southern District of New York
- 2
In Carmen Ramos v. Commissioner of Social Security, Chief Judge Swain ordered payment or an amended fee-waiver application because the initial application did not show inability to pay.
Carmen Ramos must either pay the $405 fees or submit an amended fee-waiver application within 30 days; otherwise, the action will be dismissed. The case has not yet proceeded to service because no summons will issue at this time.
What happened
Carmen Ramos filed this case without a lawyer and asked to proceed without paying the court fees upfront. She reported receiving a $6,500 monthly pension but did not state the amounts of her rent and other expenses.
The court found that the application did not establish that Ramos could not afford the $405 filing and administrative fees. It ordered her, within 30 days, to either pay the fees or submit an amended application explaining why she cannot pay. The court will not issue a summons yet, and the case will be dismissed if she does not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Ramos v. Commissioner of Social Security · No. 1:26-cv-05578
- Laura Swain
- July 15, 2026
Background
Carmen Ramos brought the action without a lawyer. To proceed with a civil case, a plaintiff must either pay the $405 filing and administrative fees or submit a signed application to proceed without prepaying those fees. Ramos submitted such an application.
Court’s analysis
The court concluded that Ramos’s application did not show that she was unable to pay. She reported receiving a $6,500 pension check each month and said she used it for rent and other expenses, but she did not state how much those expenses cost. The court therefore determined that she might have enough money to pay the fees.
Order
The court ordered Ramos, within 30 days of the order, to either pay $405 or submit an amended application. The amended application must use docket number 26-CV-5578 and provide facts showing that she cannot pay the fees. If the court grants the amended application, Ramos may proceed without prepaying the fees.
The court directed that no summons issue at this time. If Ramos complies, the Clerk’s Office will process the case under its procedures. If she does not comply within the permitted time, the action will be dismissed. Chief United States District Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.