Baskerville v. Commissioner of Social Security

Background

Keyonda Baskerville brought this self-represented action on behalf of I.S.B. to seek judicial review of the Commissioner of Social Security’s decision denying the minor child’s application for disability benefits. The action invoked 42 U.S.C. §§ 405(g) and/or 1383(c)(3), which provide for judicial review of certain Social Security decisions.

Venue

The court explained that a case under those provisions may be filed in the federal district where the plaintiff resides, among other circumstances. The opinion states that Baskerville resides in King County, New York, which is within the Eastern District of New York. It therefore concluded that venue was not proper in the Southern District of New York and that venue was proper in the Eastern District.

Ruling

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. The clerk was directed to mail the order to Baskerville, and a summons was not to issue from the Southern District. The order closed the case in that district. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion did not decide whether the denial of disability benefits was legally correct.