Hamelinck v. Commissioner of Social Security
- Laura Swain
- 1:21-cv-05619
- U.S. District Court · Southern District of New York
- 2
In Hamelinck v. Commissioner, Judge Swain transferred the Social Security appeal to the Western District of New York because venue was improper in the Southern District.
Brandi Marie Hamelinck’s Social Security appeal was moved from the Southern District of New York to the Western District of New York; the transferee court will decide whether she may proceed without prepaying fees.
What happened
In Hamelinck v. Commissioner of Social Security, Brandi Marie Hamelinck, representing herself, sought review of a decision about her application for Social Security benefits. She alleged that she lived in Phelps, New York, in Ontario County.
The court ruled that Social Security appeals under the cited statutes must be filed where the plaintiff lives or has a principal place of business. Because Hamelinck lived in the Western District of New York and did not allege a principal place of business, the court found that venue was improper in the Southern District of New York and transferred the action to the Western District.
Judge Laura Taylor Swain directed the Clerk of Court to make the transfer and closed the case in the Southern District. The Western District will decide whether Hamelinck may proceed without paying filing fees. The court also denied fee-free status for any appeal, after certifying that an appeal would not be taken in good faith.
The detailed version
- Hamelinck v. Commissioner of Social Security · No. 1:21-cv-05619
- Laura Swain
- June 30, 2021
Background
Brandi Marie Hamelinck filed this self-represented action under 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of the Commissioner of Social Security’s decision concerning her application for Social Security benefits.
Venue ruling
The court explained that these Social Security review actions may be filed only in the federal district where the plaintiff resides or has a principal place of business. If the plaintiff resides and has a principal place of business outside the federal districts, the action may be filed in the District of Columbia.
Hamelinck alleged that she resided in Phelps, Ontario County, New York. The court determined that this location is in the Western District of New York. Because she did not reside in the Southern District of New York and made no allegation about a principal place of business, the court concluded that venue was not proper in the Southern District.
Disposition
The court transferred the action to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. It directed the Clerk of Court to complete the transfer, stated that the transferee court would decide whether Hamelinck could proceed without prepaying fees, and ordered that no summons issue from the Southern District. The order closed the case in that court.
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 order did not decide whether Hamelinck was entitled to Social Security benefits or whether the Commissioner’s decision was correct.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.