Mollie I. G. S. v. Kijakazi

Background

Mollie I. G. S. filed a civil complaint seeking judicial review of the Social Security Administration’s final decision denying her Social Security Disability and Supplemental Security Income benefits. She did not pay the filing fee and instead applied to proceed without paying it, a status commonly called in forma pauperis, or IFP.

The IFP application stated that Mollie I. G. S. lives with her husband and their minor child. It reported that she had no income, assets, or expenses and had not worked since December 2016. It also reported that her husband has gross monthly income of $5,300, which covers the household’s monthly expenses of $2,985. The application stated that her husband works and pays the bills and cares for their minor child.

Court’s analysis

The court explained that the key question for IFP status is whether the applicant can pay the costs of the case without undue hardship or being deprived of life’s necessities. It considered not only the applicant’s personal income but also financial resources that may be available from a spouse or other family members. Because the application showed that the husband’s income more than covered the family’s reported expenses, the court could not conclude that Mollie I. G. S. lacked the resources to pay the statutory filing fee.

Disposition

The court ordered that Mollie I. G. S.’s IFP application was DENIED. It gave her 20 days after the date of the order to pay the full $402 filing fee. If she does not pay within that period, the order states that it will be recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court did not rule on the merits of her challenge to the denial of benefits.

Judge Tony N. Leung, United States Magistrate Judge, signed the order.