KATHLEEN B. BURKE, Magistrate Judge.
Plaintiff Charles F Levet ("Plaintiff") challenges the final decision of Defendant, Carolyn M. Colvin, Acting Commissioner of Social Security ("Commissioner"), denying his application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. Doc. 1. This Court has jurisdiction pursuant to 42 U.S.C. § 405(g). This matter has been referred to the undersigned Magistrate Judge for a Report and Recommendation pursuant to Local Rule 72.2(b)(1).
Plaintiff has requested leave to proceed in forma pauperis ("IFP") in this matter. For the reasons set forth below, the Court should
On June 24, 2014, Plaintiff, through counsel, filed his Complaint and a motion to proceed IFP. Docs. 1 & 2. In the affidavit and application in support of his IFP motion, Plaintiff indicated that his average monthly income from retirement sources is $1,243.00 and that his spouse's average monthly income from employment is $3,138.34, i.e., Plaintiff and his spouse have a joint yearly income of $52,576.08. Plaintiff indicated that he and his spouse own a home worth $112,000 and three vehicles: a 2012 Chrysler Town and Country valued at $18,000; a 2002 Chevrolet Impala valued at $2,000; and a 2000 Ford Windstar valued at $800.00. Plaintiff also indicated that he has $1,285 in checking and savings and he has his spouse have $27.36 cash on hand.
Plaintiff states that his monthly expenses are $1,143 and his spouse's monthly expenses are $3,241.36. These expenses include $542 in monthly credit card payments to PNC and Capitol One. Plaintiff also states that he has two children, a 20-year-old daughter and a 15-yearold son. Plaintiff states that he provides $800 a month in support to each of his children.
Pursuant to 28 U.S.C. §1915, this Court "may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a)(1). The Sixth Circuit has recognized that "pauper status does not require absolute destitution." Foster v. Cuyahoga Dep't of Health & Human Servs., 21 F. App'x 239, 240 (6th Cir. 2001) (citing Sears, Roebuck & Co. v. Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988)). Rather, the relevant question is "whether the court costs can be paid without undue hardship." Id.
In addition to considering an individual IFP applicant's monthly income, federal courts have consistently considered "his or her other financial resources, including resources that could be made available from the applicant's spouse, or other family members," as well as equity in real estate and automobiles. Helland v. St. Mary's Duluth Clinic Health Sys., No. 10-31, 2010 WL 502781, at *1, n1 (D. Minn. Feb. 5, 2010); Behmlander v. Comm'r of Soc. Sec., No. 12-CV-14424, 2012 WL 5457466, at *2 (E.D.Mich. Oct, 16, 2012); see also Reynolds v. Crawford, No. 1:01-cv-877, 2009 WL 3908911, at *1 (S.D. Ohio Nov. 17, 2009) ("The case law also directs the courts to consider the income and assets of the applicant's spouse in assessing an application to proceed in forma pauperis.") (collecting cases); Monti v. McKeon, 600 F.Supp. 112, 114 (D. Conn), aff'd, 788 F.2d 1 (2d Cir. 1985) (Table Decision) ("If the plaintiff is supported by her spouse, and her spouse is financially able to pay the costs of this appeal, it follows that the plaintiff's own lack of funds will not prevent her from gaining access to the courts."). The decision whether to permit a litigant to proceed IFP is within the Court's discretion. Id.
Here, Plaintiff's application reflects that he and his spouse have income of $4,381.34 a month, or $52,576.08 a year.
For the foregoing reasons, the Court should