UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

TRISHA BAUMANN,

Plaintiff, Case No. 23-cv-183-pp v.

KILOLO KIJAKAZI,

Defendant.

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYING FILING FEE (DKT. NO. 3)

The plaintiff has filed a complaint seeking judicial review of a final administrative decision denying her claim for disability insurance benefits under the Social Security Act. Dkt. No. 1. She also filed a motion for leave to proceed without prepaying the filing fee. Dkt. No. 3. To allow the plaintiff to proceed without paying the filing fee, the court first must decide whether the plaintiff can pay the fee; if not, it must determine whether the lawsuit is frivolous.

(a) and 1915(e)(2)(B)(i). Based on the facts in the plaintiff’s affidavit, the court concludes that she does not have the ability to pay the filing fee. The plaintiff indicates that she is not employed, she is not married, and she has a 13-year-old son she is responsible for supporting. Dkt. No. 3 at 1. The plaintiff’s only listed source of income is $2,000 per month in social security survivor’s benefits.

. The plaintiff’s reported monthly expenses total $1,718 ($650 rent, $868 other household expenses (not including groceries), $200 loan repayment to the plaintiff’s mother).

. The plaintiff owns a 2016 Chevy Equinox, worth approximately $8,000; she has no other property of value; and she has approximately $900 in cash on hand or in a checking or savings account.

. The plaintiff states “My son also receives Social Security Survivor Benefits that can only be used to support him. We cover food with his benefits.”

. The plaintiff has demonstrated that she cannot pay the $350 filing fee and $52 administrative fee. The next step is to determine whether the case is frivolous. A case is frivolous if there is no arguable basis for relief either in law or in fact. Denton v. Hernandez,

(1992) (quoting Nietzke v. Williams,

(1989); Casteel v. Pieschek,

(7th Cir. 1993)). A person

may obtain district court review of a final decision of the Commissioner of Social Security.

(g). The district court must uphold the Commissioner’s final decision as long as the Commissioner used the correct legal standards and the decision is supported by substantial evidence. See Roddy v. Astrue,

(7th Cir. 2013). The plaintiff’s complaint indicates that she was denied social security disability benefits for lack of disability; that she is disabled and that the

conclusions and findings of fact by the Commissioner when denying benefits are not supported by substantial evidence and are contrary to law and regulation. At this early stage in the case, and based on the information in the plaintiff’s complaint, the court concludes that there may be a basis in law or in fact for the plaintiffs appeal of the Commissioner’s decision, and that the appeal may have merit, as defined by

(e)(2)(B)(i). The court GRANTS the plaintiffs motion for leave to proceed without prepaying the filing fee. Dkt. No. 3. Dated in Milwaukee, Wisconsin this 10th day of February, 2023. BY THE COURT:

HON. PAMELA PEPPER Chief United States District Judge