Opinion
6:23-cv-00952-AR
07-26-2023
ADAM B., Plaintiff, v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendants.
FINDINGS AND RECOMMENDATION
ARMISTEAD, MAGISTRATE JUDGE
Plaintiff Adam B. (last name omitted for privacy) seeks judicial review of the administrative decision denying his application for Social Security benefits. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis under 28 U.S.C. § 1915(a). (ECF No. 2.) As explained below, the court recommends that plaintiff's application be denied.
To proceed in court without prepayment of the filing fee, a plaintiff must submit an affidavit demonstrating that he or she is unable to pay such fees. 28 U.S.C. § 1915(a)(1); Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (9th Cir. 2004). “To satisfy the requirements of 28 U.S.C. § 1915, applicants must demonstrate that because of poverty, they cannot meet court costs and still provide themselves, and any dependents, with the necessities of life.” Soldani v. Comm'r Soc. Sec. Admin., Case No. 1:19-cv-00040-JLT, 2019 WL 2160380, at *1 (E.D. Cal. Jan. 31, 2019); Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). Where the applicant's income exceeds expenses by a notable amount, it may be appropriate to deny in forma pauperis status. C.C.R. v. Comm'r Soc. Sec. Admin., Case No. 1:21-cv-0640-SAB, 2021 WL 2534461, at *1 (E.D. Cal. June 21, 2021). Many courts look to the federal poverty guidelines set by the U.S. Department of Health and Human Services (HHS) as a guidepost for evaluating such applications. Martinez, 364 F.3d at 1307 n.5. Granting or denying an application to proceed without prepayment of fees is a decision within the district court's discretion. See Escobedo v. Applebees, 787 F.3d 1226, 1236 (9th Cir. 2015).
Plaintiff has not shown that he is unable to pay the filing fee to proceed with this lawsuit. His application shows that he presently receives $3,800 per month in disability compensation and has several assets, including cash or savings of $75,000; a home worth $1,100,000; a retirement account valued at $493,000; and automobiles valued at $15,000. Plaintiff identifies monthly expenses of $5,268 for items such as mortgage, gas, and groceries and that he contributes an additional $700 per month for care of his dependent son. (Application, ECF No. 2.) Although plaintiff's monthly expenses exceed his income, his annual income from disability benefits ($45,600) far exceeds the 2023 HHS poverty guidelines for a family of two ($19,720),1 and he possesses additional assets, including considerable cash, savings, and retirement sums. Therefore, the court concludes that plaintiff has not demonstrated that he is unable to provide necessities for himself and his son if he is required to pay the filing fee.
CONCLUSION
For the above reasons, the Application for Leave to Proceed IFP (ECF No. 2) should be DENIED. Plaintiff should be given 30 days from the date the district judge adopts this recommendation to pay the filing fee.
SCHEDULING ORDER
The Findings and Recommendation will be referred to a district judge. Objections, if any, are due within fourteen days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.