Silverstein v. Commissioner of Social Security

Background

Jolie D. Silverstein brought this action without a lawyer. The opinion states that a civil action in the Southern District of New York requires $402 in fees: a $350 filing fee and a $52 administrative fee. A plaintiff who seeks to proceed without paying those fees in advance must submit a signed application for that status, commonly called an IFP application.

Silverstein submitted her complaint with a $400 personal check. The opinion explains that the administrative fee had increased from $50 to $52, making the total required fee $402.

Order

The court directed Silverstein, within 30 days of the order, either to pay $402 by certified check or money order payable to the Clerk of Court or to submit the attached IFP application. If the court grants the application, Silverstein may proceed without paying the fees in advance.

The court directed the Cashiers Unit to return the $400 personal check to Silverstein and directed the Clerk of Court to mail her a copy of the order and record service on the docket. No summons was to issue at that time. The order states that, if Silverstein complies, the case will be processed under the Clerk’s Office procedures; if she does not comply within the allowed time, the action will be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.