Scullark v. Commissioner of Social Security

Background

Isaiah Scullark brought this action without a lawyer. To proceed, he had to either pay the filing and administrative fees or submit an application to proceed without prepaying fees, commonly called an IFP application.

Scullark submitted an IFP application, but the court found it largely blank. He did not answer most questions about his employment, assets, or expenses. He stated that he had zero dollars in the bank and owned none of the listed valuable items, including an automobile, real estate, stocks, bonds, securities, jewelry, or artwork.

Court’s Action

The court could not determine from the incomplete application whether Scullark lacked enough money to pay the fees. The opinion initially states that the fees total $405, consisting of a $350 filing fee and a $55 administrative fee. The order later directs Scullark to pay $402 or submit an amended IFP application, creating an unexplained discrepancy in the amounts stated in the opinion.

Within 30 days of the order, Scullark must either pay the amount directed by the order or submit an amended application labeled with the case number and providing facts showing that he cannot pay. If the court grants the amended application, he may proceed without prepaying fees. No answer from the Commissioner of Social Security was required at that time.

Judge Laura Taylor Swain ordered that the action will be dismissed if Scullark does not comply within the allowed time. The court also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not dismiss the action at that time.