Day v. Commissioner Social Security Administration
| Doris Denise Day |
| Commissioner Social Security Administration |
| 6:2020cv01327 |
| August 7, 2020 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 0405 g |
| None |
Docket Report
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Filing 7
Return of Service Executed as to Commissioner Social Security Administration served on 9/4/2020, answer due on 1/4/2021. Service specifically made upon Local U.S. Attorney, Regional Counsel or Agency, and the U.S. Attorney General. (Halpern, Ari)
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Filing 6
Notice of Appearance of Lars J. Nelson appearing on behalf of Commissioner Social Security Administration Filed by on behalf of Commissioner Social Security Administration. (Nelson, Lars)
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Filing 5
Summons Issued Electronically as to Commissioner Social Security Administration. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jw)
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Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7112802 Related Document: #1 Social Security Complaint,. Filed by Doris Denise Day. (Halpern, Ari)
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Filing 4
ORDER: Plaintiff's Application to Proceed In Forma Pauperis #2 is denied. A review of the application indicates that Plaintiff has no regular income. Plaintiff stated that she and her spouse are unemployed, but their financial resources from Social Security payments cover their "living expenses." The monthly expenses listed in her application total $4,256.28 per month, or $102,150.72 annually. Plaintiff stated that she has access to her spouse's funds to pay the filing fee in this case. Plaintiff lists a home valued at $300,000 as an asset, as well as two cars valued at $7,000 and $10,000, respectively. She also lists an investment valued at $39,000, and a checking account balance of $150. Currently, a family of two lives below the federal poverty guidelines if the family's annual income is below $17,240. Because Plaintiff's spouse's income is above that guideline, and she has $39,000 in an investment, Plaintiff has not demonstrated that she is unable to pay the filing fee. 28 U.S.C. Sec. 1915(a)(1); see Lopez-Ruiz v. Tripler Army Med. Ctr.s Postdoctoral Fellowship in Clinical Psych., No. CV. 11-0066 JMS/BMK, 2011 WL 486952, at *1 (D. Haw. Feb. 4, 2011) (where plaintiff's income was in excess of the federal poverty guidelines, she had other assets, and accounting for her debts her monthly income still exceeded her monthly expenses, court denied in forma pauperis application). Plaintiff is ordered to pay the filing fee within thirty (30) days of the date of this Order. Failure to do so will result in dismissal of the action. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 3
Social Security Procedural Order and Notice of Case Assignment to Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jw)
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Filing 2
Application for Leave to Proceed IFP . Filed by Doris Denise Day. (Halpern, Ari)
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Filing 1
Complaint to Review Final Decision of Commissioner (In forma pauperis status selected). Filed by Doris Denise Day against Commissioner Social Security Administration (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Halpern, Ari)
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| Defendant: Commissioner Social Security Administration | |
| Represented By: | Renata Gowie |
| Represented By: | Lars J. Nelson |
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| Plaintiff: Doris Denise Day | |
| Represented By: | Ari D. Halpern |
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