Nguyen v. Social Security Administration
- Colleen McMahon
- 1:20-cv-00715
- U.S. District Court · Southern District of New York
- 2
In Nguyen v. Commissioner of Social Security, Judge Colleen McMahon transferred the benefits-review case to the Eastern District of New York because venue was improper.
Edward Nguyen’s Social Security benefits-review action was moved from the Southern District of New York to the Eastern District of New York; the receiving court was left to decide whether he could proceed without prepaying fees.
What happened
Edward Nguyen v. Commissioner of Social Security concerns Nguyen’s pro se request for judicial review of a final decision about his Social Security benefits. He filed the action in the Southern District of New York.
Nguyen alleged that he lived in Brooklyn, in Kings County, but did not allege a principal place of business. Social Security law requires this type of case to be filed where the plaintiff lives or has a principal place of business, or otherwise in the District of Columbia.
Judge Colleen McMahon ruled that venue was improper in the Southern District of New York and transferred the action to the Eastern District of New York. The order closed the Southern District case, left any decision about proceeding without paying fees to the receiving court, and denied fee-free status for an appeal.
The detailed version
- Nguyen v. Social Security Administration · No. 1:20-cv-00715
- Colleen McMahon
- Jan. 28, 2020
Background
Edward Nguyen brought this pro se action under the Social Security Act, citing 42 U.S.C. §§ 405(g) and/or 1383(c)(3), to seek review of the Commissioner of Social Security’s final administrative decision concerning his application for benefits.
Venue analysis
The court explained that an action under those provisions may be filed only in the federal judicial district where the plaintiff resides or has a principal place of business. If the plaintiff does not reside or have a principal place of business in any such district, the action may be filed in the District of Columbia.
Nguyen alleged that he resided in Brooklyn, Kings County, New York. Because that residence was outside the Southern District of New York, and Nguyen did not allege a principal place of business, the court concluded that venue was improper there. The court stated that Kings County is within the Eastern District of New York.
Ruling and disposition
Judge Colleen McMahon ordered the action transferred to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a). The Clerk was directed to mail Nguyen a copy of the order, record service on the docket, and transfer the action. The court stated that the receiving court would decide whether Nguyen could proceed without prepaying fees. No summons was to issue from the Southern District of New York, and the order closed that case.
The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion addresses venue and transfer; it does not decide whether Nguyen is entitled to Social Security benefits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.