Schwartz v. Kijakazi
| Traci Schwartz |
| Kilolo Kijakazi |
| Social Security Administration |
| 3:2021cv01582 |
| November 29, 2021 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 10
Social Security Transcripts. (Fitzhugh, Nicol)
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Filing 9
NOTICE of Appearance by Nicol Fitzhugh on behalf of Kilolo Kijakazi (Fitzhugh, Nicol)
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Filing 8
ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis in light of plaintiff's payment of the filing fee. Signed by Judge Thomas O. Farrish on 01/10/2022. (Farrish, Thomas)
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Filing 7
NOTICE by Traci Schwartz of Paid Filing Fee (Yelner, Olia)
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Filing fee received from Pirro & Church LLC: $ 402.00, receipt number 467987 (Oliver, T.)
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Filing 6
ORDER re: #2 Motion for Leave to Proceed In Forma Pauperis. 28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees when "the person is unable to pay such fees or give security therefor." To show an inability to pay, the plaintiff does not have to demonstrate absolute destitution, see Potnick v. E. State. Hosp., 701 F.2d 243, 244 (2d Cir. 1983) (per curiam), but she does need to show that "paying such fees would constitute a serious hardship." Fiebelkorn v. U.S., 77 Fed. Cl. 59, 62 (2007). Put differently, a "sufficient" in forma pauperis application is one that demonstrates that the plaintiff "cannot because of [her] poverty pay or give security for the costs and still be able to provide [her]self... with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948).In determining whether a plaintiff's financial circumstances meet this standard, courts consider not only her personal resources, but family resources as well. See, e.g., Fridman v. City of N.Y., 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002) ("In assessing an application to proceed in forma pauperis, a court may consider the resources that the applicant has or can get from those who ordinarily provide the applicant with the necessities of life, such as from a spouse, parent, adult sibling or other next friend.") (internal quotation marks and citations omitted); Monti v. McKeon, 600 F. Supp. 112, 114 (D. Conn. 1984), aff'd, 788 F.2d 1 (2d Cir. 1985) (table decision). In this case, the plaintiff's financial declaration discloses that her parents help her with "the necessities of life," but it contains no other information about her parent's resources. Stated another way, the declaration explains that her parents help her with her gas and other monthly bills, but it does not explain why they cannot also help her with the filing fee.The Court therefore orders that, if the plaintiff wishes to proceed in forma pauperis, she file a revised declaration by December 13, 2021 that includes her parents' available resources. The revised affidavit should also explain why the sums in her investment account cannot be accessed at all until retirement age, as opposed to merely being inaccessible without penalty. If the plaintiff does not file a revised affidavit by the required date, the undersigned will recommend to the District Judge that the motion for leave to proceed in forma pauperis be denied. Signed by Judge Thomas O. Farrish on 11/29/2021.(Farrish, Thomas)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 11/29/2021. (Oliver, T.)
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Filing 4
STANDING SCHEDULING ORDER: Signed by Judge Stefan R. Underhill on 11/29/2021. (Oliver, T.)
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Filing 3
Standing Order on Social Security Appeals. Signed by Judge Stefan R. Underhill on 11/29/2021. (Attachments: #1 Consent form) (Oliver, T.)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Traci Schwartz. (Attachments: #1 Affidavit)(Yelner, Olia)
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Filing 1
COMPLAINT against Kilolo Kijakazi filed by Traci Schwartz.(Yelner, Olia) Modified on 11/29/2021 to correct filed against parties (Hushin, Z.).
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Answer deadline updated for Kilolo Kijakazi to 1/28/2022. (Oliver, T.)
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Judge Stefan R. Underhill and Judge Thomas O. Farrish added. Motions referred to Thomas O. Farrish (Oliver, T.)
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