Jacob A.S. v. Frank Bisginano, Commissioner of Social Security
- Proceeding
- district
- Area
- civil
- Panel
- David D. Leshner (author)
Analysis
The court reviewed Plaintiff Jacob A.S.'s application to proceed in forma pauperis (IFP) and his complaint seeking judicial review of a Social Security decision. The court granted the IFP application and determined that the complaint survived statutory screening, allowing the action to proceed.
| What the court decided | The model |
|---|---|
Granting the Application to Proceed In Forma Pauperis“Based upon the record before it, the Court finds that Plaintiff has adequately demonstrated that he lacks the financial resources to pay the filing fee and GRANTS Plaintiff’s IFP Application.” | agree with court The court correctly applied the standard that a party need not be completely destitute to qualify for IFP status, citing Adkins and Escobedo. The plaintiff's affidavit detailed specific income, expenses, and assets, demonstrating an inability to pay court costs while affording necessities of life, particularly given the variable costs associated with his schooling. The finding that he lacks financial resources to pay the filing fee is supported by the recited facts. |
Denying Dismissal of Complaint under 28 U.S.C. § 1915(e)(2)(B)“The Court has reviewed Plaintiffs complaint and finds it satisfies these pleading requirements, states a plausible claim for relief, and is neither frivolous nor malicious. Accordingly, the Complaint survives screening, and the action may proceed.” | agree with court The court applied the mandatory screening requirement for IFP cases under 28 U.S.C. § 1915(e)(2)(B). It found the complaint met the pleading requirements of Supplemental Rules for Social Security Actions and stated a plausible claim. While the order does not detail the specific legal arguments of the complaint, the conclusion that it is not frivolous and states a claim is a standard procedural determination in this context. |
The order itself: sound — The order is procedurally sound. It correctly identifies the statutory basis for IFP status and the mandatory screening requirement. It cites appropriate binding authority (Adkins, Escobedo) for the standard of proof required for IFP applications. The factual findings regarding the plaintiff's finances are specific and support the conclusion that he cannot pay the filing fee. The screening determination is brief but consistent with the statutory mandate.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JACOB A.S., Case No.: 26-cv-5036-DDL 12 Plaintiff, ORDER GRANTING 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS 14 FRANK BISGINANO, 15 Commissioner of Social Security, [Dkt. No. 3] Defendant. 16 17 18 On September 4, 2026, Jacob A.S. (“Plaintiff”) filed a complaint seeking 19 judicial review of a final adverse decision of the Commissioner pursuant to 20 42 U.S.C. § 405(g). Dkt. No. 1. Plaintiff concurrently filed an application to 21 proceed in this matter in forma pauperis (the “IFP Application”), which is presently 22 before the Court. Dkt. No. 3. 23 This Court may “authorize the commencement . . . of any suit, action or 24 proceeding, civil or criminal, without prepayment of fees or security therefor” by 25 any person who demonstrates his or her inability to pay such fees. See 28 U.S.C. 26 § 1915(a)(1). A party need not be completely destitute to proceed in forma 27 pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). 28 Instead, “[a]n affidavit in support of an IFP application is sufficient where it alleges 1 that the affiant cannot pay the court costs and still afford the necessities of life.” 2 Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins, 3 335 U.S. at 339). “[A] plaintiff seeking IFP status must allege poverty ‘with some 4 particularity, definiteness and certainty.’” Id. (citing United States v. McQuade, 5 647 F.2d 938, 940 (9th Cir.1981)). 6 Here, Plaintiff declares he and his spouse are unemployed and that his only 7 sources of income are Veterans Affairs benefits ($4,900 per month) and a school 8 allowance ($3,100 per month). Dkt. No. 3 at 1-2. These sources of income are 9 enough to cover his monthly expenses with around $720 left over unless it is a 10 month when he is required to rent a hotel room for school, in which case his 11 expenses exceed his monthly income by anywhere from $1,155 - $1,6551. See 12 id. at 4-5. He lists as assets his home ($678,000), a 2014 Nissan Altima ($5,000), 13 an inoperable 2004 Ford ($1,500), and a 2021 Chevrolet Traverse ($24,000). Id. 14 at 3. He and his spouse together have $100 in a checking account. Id. at 2. 15 Plaintiff and his spouse support their four children. Id. at 3. Based upon the record 16 before it, the Court finds that Plaintiff has adequately demonstrated that he lacks 17 the financial resources to pay the filing fee and GRANTS Plaintiff’s IFP Application. 18 Where the Court grants a litigant permission to proceed in forma pauperis, it 19 must also screen the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) of the United 20 States Code. The statute requires dismissal where a complaint fails to state a 21 claim upon which relief can be granted, is frivolous or malicious, or seeks monetary 22 relief from a defendant who is immune. See id. Rule 2(b) of the Supplemental 23 Rules for Social Security Actions sets forth additional pleading requirements for a 24 Social Security plaintiff’s complaint. See Fed. R. Civ. P. SUPP SS Rule 2(b)(1)(A)- 25 26 27 1 Plaintiff explains that while he lives in El Cajon, California, he attends school in Riverside, California and at times, must rent a hotel room to stay close to school. 28 1 The Court has reviewed Plaintiffs complaint and finds it satisfies these 2 ||pleading requirements, states a plausible claim for relief, and is neither frivolous 3 ||nor malicious. Accordingly, the Complaint survives screening, and the action may 4 || proceed. 5 || IS SO ORDERED. 6 || Dated: September 17, 2026 ait 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28