1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ELIZABETH W., Case No.: 23-cv-1651-DDL

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS 14 KILOLO KIJAKAZI, Acting

Commissioner of Social Security, 15 [Dkt. No. 4] Defendant. 16

17 On September 7, 2023, Plaintiff Elizabeth W. (“Plaintiff”) commenced this action 18 against Defendant Kilolo Kijakazi, Acting Commissioner of Social Security, seeking 19 review of the Commissioner’s final adverse decision denying her application for Social 20 Security benefits. Dkt. No. 1. On the same date, Plaintiff filed an application to proceed 21 in forma pauperis (“Application”). Dkt. No. 4. For the reasons stated within, the 22 Application to proceed in forma pauperis (“IFP”) is GRANTED. 23 A court may authorize the commencement of a suit without prepayment of the filing 24 fee if the plaintiff submits an affidavit, including a statement of all his or her assets, 25 showing he or she is unable to pay the fee. See

(a). “An affidavit in 26 support of an IFP application is sufficient where it alleges that the affiant cannot pay the 27 court costs and still afford the necessities of life.” Escobedo v. Applebees,

, 28 1234 (9th Cir. 2015) (citation omitted). The statute does not define “what constitutes 1 insufficient assets,” but “‘[o]ne need not be absolutely destitute to obtain benefits of the in 2 forma pauperis statute.’”

(citation omitted) (alteration in original). However, a plaintiff 3 who seeks to proceed IFP “must allege poverty ‘with some particularity, definiteness and 4 certainty.’”

(citation omitted). 5 In her Application, Plaintiff declares that during the past 12 months, her total average 6 monthly income was $200 per month in the form of Cal Fresh benefits.1 See Dkt. No. 4 at 7 1-2, 4. Plaintiff states that she received $0 per month from all other listed sources of 8 income. Id. at 1-2. Plaintiff indicates that she is not employed because she is “disabled 9 and can’t work,” and lists no prior employment within the past two years. Id. at 2, 5. She 10 further indicates that she has $25 in a checking account; does not own any assets, such as 11 a home or motor vehicle; is not owed money by any person, business, or organization; and 12 that no other person relies on her for support. Id. at 2-3. Plaintiff’s monthly expenses 13 include $200 for food which is paid for by Cal Fresh benefits, and $40 for medication- 14 related health insurance expenses.2 Id. at 2, 5. Plaintiff lists $0 for all other expenses. Id. 15 at 4-5. Although Plaintiff indicates that she will pay an attorney for services in connection 16 with this case, she notes that the attorney will represent her on a “contingency fee basis 17 under the Social Security Act and/or the Equal Access to Justice Act.” Id. at 5. 18

19 1 In the income section of the Application, Plaintiff states that her average income in 20 the past 12 months was $0 per month for all listed sources, including public assistance. 21 Dkt. No. 4 at 1-2. However, in the expenses section of the Application, Plaintiff states that she spends $200 per month on food and includes the note “Cal Fresh” in the box. Id. at 4. 22 The Court construes this notation as a reference to Plaintiff’s receipt of $200 per month in 23 Cal Fresh benefits which cover her food expenses, and therefore includes it as a source of public assistance-based income. 24

25 2 Plaintiff states she has $0 in medical or dental expenses but indicates that her monthly health insurance expenses include $40 and includes the note “medication.” Dkt. 26 No. 4 at 4. It is unclear what Plaintiff intended by making the note “medication” in 27 conjunction with her health insurance expenses, but for purposes of evaluating the Application, the Court construes this as an indication that Plaintiff pays $40 per month for 28 1 Plaintiff has demonstrated sufficient need to warrant an order granting the 2 || Application. The record reflects that Plaintiff is currently unemployed and has not been 3 ||employed within the previous two years. Her sole source of income is $200 in Cal Fresh 4 ||benefits to cover food expenses, and her eligibility for such benefits lends further support 5 ||to the Court’s decision to grant her Application. Furthermore, although it is unclear 6 || whether or how Plaintiff pays for $40 per month in health insurance expenses without an 7 |}income, the totality of Plaintiff's circumstances indicates that the civil filing fee of $402 8 ||exceeds her income. Requiring Plaintiff to pay any filing fee would severely burden 9 || Plaintiff's ability to afford the basic necessities of life. For the foregoing reasons, 10 || Plaintiff's Application to Proceed In Forma Pauperis is GRANTED. 11 IT IS SO ORDERED. 12 Dated: October 10, 2023 _—

15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28