ABIGAIL GOLDSTEIN
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this Social Security Administration appeal, the District Court addressed a plaintiff's motion to proceed in forma pauperis (without prepaying court fees). The court found the motion deficient for failure to use the proper form and lacking necessary information to determine indigency, and gave the plaintiff time to file an amended motion.
The court denied the motion without prejudice, finding it deficient for failure to use the proper form and provide sufficient information. The court allowed the plaintiff an opportunity to file an amended motion using the correct 'Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)' by January 20, 2026.
[1] A court may authorize a litigant to commence a civil action without prepayment of fees upon a finding of indigency, pursuant to 28 U.S.C. …
[2] An affidavit of indigency must contain sufficient information and detail to allow the court to determine whether the litigant is indigent.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“under 28 U.S.C. § 1915, a litigant may commence a civil action in federal court "by filing in good faith an affidavit stating . . . that [s]he is unable to pay the costs of the lawsuit"”
Establishes the legal standard for proceeding in forma pauperis
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Abigail Goldstein filed an affidavit of indigency, which the court construed as a motion to proceed in forma pauperis, representing that she…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Affidavit Of Indigency cases and more on FLexlaw
This cause comes before the Court on Plaintiff's Affidavit of Indigency, which the Court construes as a motion to proceed in forma pauperis. (Doc. 2). Plaintiff represents that she is unable to pay the fees and costs of pursuing this action, and therefore, seeks to proceed in forma pauperis. (Id. at p. 1).
Pursuant to 28 U.S.C. § 1915, the Court may, upon a finding of indigency, authorize the commencement of an action without requiring the prepayment of fees or security therefor. See 28 U.S.C. § 1915(a)(1); Nietzke v. Williams, 490 U.S. 319, 324 (1989) (stating that under 28 U.S.C. § 1915, a litigant may commence a civil action in federal court “by filing in good faith an affidavit stating that [s]he is unable to pay the costs of the lawsuit").
Based on the information provided in Plaintiff's motion, the Court is not able to determine whether Plaintiff is entitled to proceed in forma pauperis. As a general matter, Plaintiff's motion is deficient because she did not use the proper form. Consequently, the motion lacks the requisite information and detail to determine if she is indigent, as she did not answer several pertinent questions or provide an explanation for her inability to do so.
The Court will allow Plaintiff to file an amended motion to proceed in forma pauperis so that she can provide the Court with sufficient information to determine if she is indigent. As such, Plaintiff must complete the “Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)" from the Court's website (https://www.uscourts.gov/forms/feewaiver-application-forms/application-proceed-district-court-without-prepaying-fees-or).
Accordingly, Plaintiff's Motion to Proceed in Forma Pauperis (Doc. 2) is TAKEN UNDER ADVISEMENT. Plaintiff shall file an amended motion to proceed in forma pauperis on or before January 20, 2026. Failure to comply with this Order may result in the dismissal of this case without further notice.
DONE and ORDERED in Ocala, Florida on December 29, 2025.
PHILIP R. LAMMENS
United States Magistrate Judge
Copies furnished to: Counsel of Record Unrepresented Parties