Herrera Gomez v. Commissioner of Social Security
- Laura Swain
- 1:23-cv-03245
- U.S. District Court · Southern District of New York
- 2
In Herrera Gomez v. Commissioner of Social Security, Judge Swain transferred the disability-benefits review to the Eastern District of New York because venue was improper.
Orlando Arcencio Herrera Gomez, whose Social Security disability-benefits review was transferred to the Eastern District of New York; the Commissioner of Social Security remains the defendant.
What happened
Herrera Gomez v. Commissioner of Social Security concerns Orlando Arcencio Herrera Gomez’s pro se request for review of the Commissioner of Social Security’s denial of disability benefits.
The court ruled that the case was filed in the wrong federal district because Herrera Gomez alleged that he lived in Brooklyn, which is in the Eastern District of New York. The court transferred the action there and closed the case in the Southern District of New York.
Judge Swain also ruled that the Southern District would not issue a summons and left any decision about proceeding without paying fees to the Eastern District. She denied fee-free status for any appeal from this order.
The detailed version
- Herrera Gomez v. Commissioner of Social Security · No. 1:23-cv-03245
- Laura Swain
- Apr. 20, 2023
Background
Orlando Arcencio Herrera Gomez brought this pro se action seeking judicial review of the Commissioner of Social Security’s decision denying his application for disability benefits under the Social Security Act. The complaint invoked 42 U.S.C. §§ 405(g) and/or 1383(c)(3).
Venue
The court explained that a Social Security review action under those provisions may be filed only in the federal district where the plaintiff resides or has a principal place of business, or, if neither is in a federal district, in the District of Columbia. Herrera Gomez alleged that he resided in Brooklyn, Kings County, New York. He did not allege a principal place of business.
Because Kings County is in the Eastern District of New York, the court concluded that venue was not proper in the Southern District of New York. It 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 order addressed venue and transfer rather than the merits of whether Herrera Gomez was entitled to disability benefits.
Ruling and Effect
Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the Eastern District of New York. The Southern District’s order also states that the transferee court must decide whether Herrera Gomez may proceed without paying fees. A summons would not issue from the Southern District, and the order closed the case there.
The court certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.