Karla E. v. O'Malley

Background

Karla E. filed a complaint appealing the denial of her application for Social Security benefits. She also applied to proceed without paying the filing fee, a request commonly called an application to proceed in forma pauperis (IFP). The court stated that it had to decide the IFP application before taking any other action in the case.

Court’s analysis

The court explained that the question was whether Karla E. could afford the costs of proceeding without undue hardship or deprivation of life’s necessities. Her application showed that she and her spouse—primarily her spouse—had earned approximately $5,500 per month during the previous twelve months and expected to continue earning approximately that amount. The court found that this income was more than 250% of the federal poverty guidelines for a family of three living in Minnesota.

The court acknowledged that Karla E. did not have substantial liquid assets and that the $405 filing fee was not a minimal expense for her family. It nevertheless concluded that the family’s stable and reasonably substantial income meant she was able to pay the fee without the type of hardship required to waive it.

Disposition

Judge Dulce J. Foster denied Karla E.’s IFP application. The court ordered Karla E. to pay the $405 filing fee by June 25, 2024. If she did not pay by that date, the court stated that it might recommend that the case be dismissed without prejudice for failure to prosecute. The opinion does not state that the case itself was dismissed.