Opinion
Case No. 12-4120-RDR-KGG
01-07-2013
ALBERTA STRONG, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER, SSA Defendant.
ORDER ON IFP STATUS
With the assistance of counsel, Plaintiff Alberta Strong filed a federal court Complaint appealing a ruling by an Administrative Law Judge that denied her application for Social Security disability benefits. (Doc. 1.) In conjunction with her Complaint, Plaintiff also filed a Motion to Proceed Without Prepayment of Fees (IFP Application, Doc. 3, sealed).
Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of an action without prepayment of fees, costs, etc., by a person who lacks financial means. 28 U.S.C. § 1915(a). In so doing, the court considers the affidavit of financial status included with the application. See id.
There is a liberal policy toward permitting proceedings in forma pauperis when necessary to ensure that the courts are available to all citizens, not just those who can afford to pay. See generally, Yellen v. Cooper, 828 F.2d 1471 (10th Cir. 1987). In construing the application and affidavit, courts generally seek to compare an applicant's monthly expenses to monthly income. See Patillo v. N. Am. Van Lines, Inc., No. 02-2162, 2002 WL 1162684, at *1 (D.Kan. Apr. 15, 2002); Webb v. Cessna Aircraft , No. 00-2229, 2000 WL 1025575, at *1 (D.Kan. July 17, 2000) (denying motion because "Plaintiff is employed, with monthly income exceeding her monthly expenses by approximately $600.00").
According to her IFP Application, Plaintiff's modest monthly income derives from alimony and public assistance. (Id., at 3-4.) She indicates, however, that her alimony was "paid off in September 2012." (Id., at 9.) As such, she has been "depend[ing] on friends and family to pay [her] bills." (Id.) She lists typical monthly expenses, including rent, utilities and medical expenses. (Id., at 7.) She has only a very small amount of cash on hand. (Id., at 5.) She does not own an home and has a modest automobile. (Id.)
Considering all of the information contained in the financial affidavit, the Court finds that Plaintiff has established that her access to the Courts would be severely inhibited absent a finding of IFP status. The Court therefore GRANTS Plaintiff leave to proceed in forma pauperis and directs that this case be filed without payment of a filing fee.
IT IS THEREFORE ORDERED that Plaintiff's Request to Proceed In Forma Pauperis (Doc. 1) is GRANTED.
IT IS FURTHER ORDERED that the Clerk's office shall proceed to issue summons in this case.
Dated at Wichita, Kansas, on this 7th day of January, 2013.
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KENNETH G. GALE
United States Magistrate Judge