United States District Court, N.D. West Virginia
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S
MOTION TO AMEND COMPLAINT
FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE.
pro se plaintiff, Precious S. Scott
(“Scott”), filed a complaint in this Court
seeking “to obtain judicial review and or to have this
matter reassigned to the West Virginia Administrative Law
Judge  for reconsideration of the final decision by the
Commissioner of Social Security  in the state of
Louisiana.” ECF No. 1-1 at 1. In addition, plaintiff
Scott filed a motion to remand, in which she reiterates the
claims made in her initial complaint. ECF No. 7. Plaintiff
Scott then filed a motion and memorandum to “amend her
motion for remand.” ECF No. 26. In that motion (ECF No.
26), plaintiff Scott requests:
1. That Nancy A Berryhill, Acting Commissioner of Social
Security surrenders the medical records obtained from both
Claiborne Memorial Medical Center for ‘2013'
located at 620 E College St. Homer, LA 71040 Phone: (318)
927-2024 and acknowledged [p]laintiff's onset of
[s]econdary [p]rogressive [m]ultiple [s]clerosis as well as,
the [m]edical records from Glenwood Regional Medical Center
‘2013' at 503 McMilan Rd. West Monroe, LA 71291
Phone: (318)329-4200 which indicates that she was falling.
2. The [p]laintiff, [p]rays that her pain and suffering for
the time that she was denied benefits is reimbursed with
3. Also reimbursement for the total period of time in which
the plaintiff has been sanctioned with compound interest.
4. Plaintiff request relief from all court costs, fees and
any other expenses incurred during litigation.
5. Plaintiff request reimbursement of expenses. Plaintiff had
to relocate from Tucson, Az. to Monroe, LA., with family due
to her benefits being sanctioned. She was homeless, because
she could no longer afford to pay for housing, vitamin
regimen, food, clothing and hygiene products.
Id. at 1. In addition, plaintiff Scott alleges that
“she was never aware of a reevaluation process nor was
she notified of any appointment to perform the process. It
was [not] until a new Social Security employee asked why
[p]laintiff continually signed waivers rather than applying
for a new case; indicating the diagnoses of [m]ultiple
[s]clerosis . . . Due to numerous representatives/supervisors
neglecting to properly inform the [p]laintiff of the
process/procedures the [p]laintiff signed waivers
unnecessarily.” Id. at 2. Plaintiff Scott then
sets forth the nature of the case and provides a statement of
facts, and reiterates her requests for relief. Id.
January 30, 2019, defendant Nancy A. Berryhill
(“Berryhill”), Acting Commissioner of Social
Security, filed a response in opposition to plaintiff's
motion to amend, wherein defendant Berryhill asserts that:
(1) plaintiff improperly seeks to supplement the
administrative record; (2) plaintiff improperly seeks payment
for pain and suffering; (3) plaintiff improperly seeks
payment for compound interest; (4) plaintiff improperly
requests to proceed in forma pauperis; and (5) plaintiff
improperly seeks reimbursement of expenses. ECF No. 30 at
Scott did not file a reply to defendant's response in
opposition to plaintiff's motion to amend.
reasons that follow, this Court denies plaintiff Scott's
motion to amend complaint (ECF No. 26). To the extent all of
plaintiff's claims are not allowable under law, they are
denied as futile.
Plaintiff Scott improperly seeks to supplement the