Fazzio v. Commissioner of Social Security
| Tammy M. Fazzio |
| Commissioner of Social Security |
| 1:2023cv00421 |
| May 11, 2023 |
| US District Court for the Western District of New York |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 TEXT ORDER granting #5 Motion for Leave to Proceed in forma pauperis. The Court finds that plaintiff meets the statutory requirements for in forma pauperis status and therefore her motion (Dkt. 5) is GRANTED. The Clerk of Court is directed to file plaintiff's papers without payment of fees. The service of the complaint has been performed in accordance with WDNY Local Rule 5.5. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/12/23. (NNR) |
| Filing 5 Second MOTION for Leave to Proceed in forma pauperis by Tammy M. Fazzio.(Frederick, Sarah) |
| Filing 4 NOTICE of Appearance by Michael P. Corona on behalf of Commissioner of Social Security (Corona, Michael) |
| Filing 3 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff indicates that she is not employed, and receives government benefits in the amount of $280.00 per month to cover her food expenses and $914.00 in supplemental security income. She resides with a father of her daughter, who contributes $3,100.00 per month towards her household expenses, which she identifies to be $1,090 per month. Plaintiff has no dependents. Considering that plaintiff's household expenses are partially covered by the benefits she receives from the government and by the contributions of her child's father, and because such contributions far exceed plaintiff's household expenses, the Court finds that plaintiff has not put forth sufficient indications of indigency. Therefore, her motion is denied. Plaintiff has until June 12, 2023 to (1) re-file her application using the Court's standard form with all of the relevant information included, or (2) pay the $402.00 filing fee. If plaintiff has not complied with either of these options by June 12, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 5/12/23. (NNR)Clerk to Follow up |
| NOTICE regarding service of #1 Complaint in a Social Security case: Commissioner of Social Security answer due 7/11/2023.Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk issues this Notice of Electronic Filing to the Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office for the Western District of New York. No summons will issue. (CGJ) |
| Case placed in Social Security Assignment Pool. (CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tammy M. Fazzio.(Frederick, Sarah) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Tammy M. Fazzio. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 summonses)(Frederick, Sarah) |
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| Plaintiff: Tammy M. Fazzio | |
| Represented By: | Sarah A. Frederick |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Michael P. Corona |
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