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Johnson v. Kijakazi

United States District Court, Eastern District of Wisconsin
Dec 5, 2022
22-cv-1443-pp (E.D. Wis. Dec. 5, 2022)

Opinion

22-cv-1443-pp

12-05-2022

KEVIN B. JOHNSON, Plaintiff, v. KILOLO KIJAKAZI, Defendant.


ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 3)

HON. PAMELA PEPPER, CHIEF UNITED STATES DISTRICT JUDGE.

The plaintiff has filed a complaint seeking judicial review of a final administrative decision denying his claim for disability insurance benefits under the Social Security Act. Dkt. No. 1. He also filed a motion for leave to proceed without prepaying the filing fee. Dkt. No. 3.

To allow the plaintiff to proceed without paying the filing fee, the court first must decide whether the plaintiff can pay the fee; if not, it must determine whether the lawsuit is frivolous. 28 U.S.C. §§1915(a) and 1915(e)(2)(B)(i).

Based on the facts in the plaintiff's affidavit, the court concludes that he does not have the ability to pay the filing fee. The plaintiff states that he is not employed, he is not married, and he has no dependents he is responsible for supporting. Dkt. No. 3 at 1. The plaintiff has no monthly wages or salary and states that he receives food stamps and that his mother gives him $500-$600 per month. Id. at 2. The plaintiff's monthly expenses total $925 ($350 rent to his mother-which he says he hasn't paid since 2018, $125 credit card payments, $250 cell phone-which he says his mother pays, $200 car insurance); the plaintiff does not own his home, he owns a 1999 Chevy Silverado worth approximately $1,400, he owns no other property of value, and he has $120 in cash on hand or in a checking or savings account. Id. at 3-4. The plaintiff says, “[l]ive with mother but cannot pay her rent of 350/month since 2018 because of no income.” Id. at 4. The plaintiff has demonstrated that he cannot pay the $350 filing fee and $52 administrative fee.

The next step is to determine whether the case is frivolous. A case is frivolous if there is no arguable basis for relief either in law or in fact. Denton v. Hernandez, 504 U.S. 25, 31 (1992) (quoting Nietzke v. Williams, 490 U.S. 319, 325 (1989); Casteel v. Pieschek, 3 F.3d 1050, 1056 (7th Cir. 1993)). A person may obtain district court review of a final decision of the Commissioner of Social Security. 42 U.S.C. §405(g). The district court must uphold the Commissioner's final decision as long as the Commissioner used the correct legal standards and the decision is supported by substantial evidence. See Roddy v. Astrue, 705 F.3d 631, 636 (7th Cir. 2013).

The plaintiff's complaint indicates that he was denied benefits for lack of disability. Dkt. No. 1 at 1. The plaintiff states that he is disabled and that the conclusions and findings of fact by the Commissioner when denying benefits are not supported by substantial evidence and are contrary to federal laws and regulations. Id. at 2. At this early stage in the case, and based on the information in the plaintiff's complaint, the court concludes that there may be a basis in law or in fact for the plaintiff's appeal of the Commissioner's decision, and that the appeal may have merit, as defined by 28 U.S.C. §1915(e)(2)(B)(i).

The court GRANTS the plaintiff's motion for leave to proceed without prepaying the filing fee. Dkt. No. 3.


Summaries of

Johnson v. Kijakazi

United States District Court, Eastern District of Wisconsin
Dec 5, 2022
22-cv-1443-pp (E.D. Wis. Dec. 5, 2022)
Case details for

Johnson v. Kijakazi

Case Details

Full title:KEVIN B. JOHNSON, Plaintiff, v. KILOLO KIJAKAZI, Defendant.

Court:United States District Court, Eastern District of Wisconsin

Date published: Dec 5, 2022

Citations

22-cv-1443-pp (E.D. Wis. Dec. 5, 2022)