Welson v FSM Social Security Administration [2017] FMSC 36; 21 FSM R. 348 (Pon. 2017) (20 September 2017)

FSM SUPREME COURT TRIAL DIVISION

CIVIL ACTION NO. 2014-014

JEFFREY WELSON, a minor, through )
BERMY WELSON, next of kin, )
)
Plaintiff, )
)
vs. )
)
FEDERATED STATES OF MICRONESIA )
SOCIAL SECURITY ADMINISTRATION, )
)
Defendant. )
__________________________________________ )

ORDER GRANTING MOTION TO DISMISS

Beauleen Carl-Worswick
Associate Justice

Hearing: June 7, 2017
Decided: September 20, 2017

APPEARANCES:

For the Plaintiff: Salomon M. Saimon, Esq.
Micronesian Legal Services Corporation
P.O. Box 129
Kolonia, Pohnpei FM 96941

For the Defendant: Michael J. Sipos, Esq.
P.O. Box 2069
Kolonia, Pohnpei FM 96941

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HEADNOTES

Constitutional Law Case or Dispute Standing
Standing and justiciability are threshold issues going to the FSM Supreme Court’s subject-matter jurisdiction and thus are addressed first. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 350 (Pon. 2017).

Constitutional Law Case or Dispute Standing
Two factors are central to the determination of whether a party has standing. First, the party must allege a sufficient stake in the controversy’s outcome and it must have suffered some threatened or actual injury resulting from the allegedly illegal action or erroneous court ruling. Second, the injury must be such that it can be traced to the challenged action and must be of the kind likely to be redressed by a favorable decision. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 350 (Pon. 2017).

Constitutional Law Case or Dispute Standing
Even when an injury sufficient to satisfy the constitutional standing requirement is alleged, the party generally must assert its own legal rights and interests, and cannot rest its claim to relief on the legal rights or interests of third parties. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 350 (Pon. 2017).

Civil Procedure Parties; Constitutional Law Case or Dispute Standing
A mother cannot sue, as "next of kin," on behalf of her son when her son has reached the age of majority. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 350-51 (Pon. 2017).

Civil Procedure Parties; Domestic Relations
All persons, whether male or female, residing in the state of Pohnpei, who have attained the age of 18 years are regarded as of legal age and their period of minority to have ceased. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 351 n.1 (Pon. 2017).

Civil Procedure Dismissal Lack of Jurisdiction; Civil Procedure Parties Substitution; Constitutional Law Case or Dispute Standing; Social Security Claims and Benefits
When a plaintiff, since she lacks standing to sue, cannot identify any specific interests that her son would assert if her interest was transferred to him, the matter will be dismissed without prejudice to allow the son to assert any claims he may have against the FSM Social Security Administration. Welson v. FSM Social Sec. Admin., 21 FSM R. 348, 351 (Pon. 2017).

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COURT’S OPINION

BEAULEEN CARL-WORSWICK, Associate Justice:

I. BACKGROUND

On March 21, 2014, the plaintiff, Jeffrey Welson (herein "Welson") filed a Petition to Appeal Final Decision of Board, Civil Rights Violations, and Complaint for Declaratory Relief. On April 10, 2014, the defendant, Federated States of Micronesia Social Security Administration (herein "FSMSSA") entered a Motion to Dismiss for Lack of Jurisdiction (Standing) and Failure to State a Claim upon which Relief may be Granted.

An Opposition to Motion to Dismiss was filed by Welson on May 12, 2014, and a reply was entered by the FSMSSA on May 22, 2014. A hearing on the pending motions was held on June 7, 2017. Salomon M. Saimon, Esq., through the Micronesian Legal Services Corporation, appeared on behalf of Welson. The FSMSSA was represented by Michael J. Sipos, Esq. After a review of the evidence filed and in consideration of the oral arguments made by the parties during the hearing, the defendant’s Motion to Dismiss is granted.

II. FACTS

The following are the facts presented to the court through the filings and at the hearing on June 7, 2017. Karmela Welson was a wager earner who made contributions to the FSM Social Security System. Karmela Welson is the natural grandmother of petitioner/plaintiff Jeffrey Welson. Bermy Welson is the natural daughter of Karmela Welson, and mother of Jeffrey Welson. Bermy Welson, applied for Social Security benefits on behalf of Jeffrey Welson as an adopted child of Karmela Welson.

The claim for benefits was denied by the FSMSSA Administrator, and the denial was upheld by the FSMSSA Board of Directors (herein the "Board") on February 3, 2014. The complaint was then filed on March 21, 2014 following the denial of the Board.

III. DISCUSSION

Bermy Welson’s Standing to Bring Suit

Standing and justiciability are threshold issues going to the FSM Supreme Court’s subject matter jurisdiction and thus are addressed first. Kallop v. Pohnpei, [2011] FMSC 60; 18 FSM Intrm. 130, 133 (Pon. 2011); Eighth Kosrae Legislature v. FSM Dev. Bank, [2003] FMSC 27; 11 FSM Intrm. 491, 496 (Kos. 2003).

The FSMSSA argues that Bermy Welson lacks standing to bring the present law suit on behalf of Jeffrey Welson, because at the time the complaint was filed, Jeffrey Welson had attained the age of majority, and suit should have been initiated by Jeffrey Welson himself. Def.’s Mot. to Dismiss at 6-8.

Two factors are central to the determination of whether a party has standing. First, the party must allege a sufficient stake in the controversy’s outcome and it must have suffered some threatened or actual injury resulting from the allegedly illegal action or erroneous court ruling. Second, the injury must be such that it can be traced to the challenged action and must be of the kind likely to be redressed by a favorable decision. FSM v. Udot Municipality, 12 FSM R. 29, 40 (App. 2003).

While not constitutionally based, three additional rules need to be applied before the question of standing can be resolved. First, generalized grievances shared by substantially the whole population do not normally warrant standing. Second, even when an injury sufficient to satisfy the constitutional requirement is alleged, the party generally must assert its own legal rights and interests, and cannot rest its claim to relief on the legal rights or interests of third parties. Third, the interests which the party is seeking to protect must fall within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.

FSM v. Udot Municipality, 12 FSM R. at 40 (emphasis added).

Here, Bermy Welson is suing the FSMSSA, as "next of kin", on behalf of Jeffrey Welson, who is labeled as a "minor" in the complaint. Under the holding in FSM v. Udot, Jeffrey Welson is required to assert his rights and legal interest himself, and Bermy Welson, as a third party, cannot assert those claims on his behalf because Jeffrey Welson has reached the age of majority.^[1]

Further, the petitioner/plaintiff admits that Bermy Welson lacks standing to bring suit on behalf of Jeffrey Welson. Opp’n to Dismiss at 3.^[2] The court finds that Bermy Welson lacks standing to bring suit on behalf of Jeffrey Welson in this matter, therefore this court lacks subject matter jurisdiction to hear this matter.

Substitution of Parties under FSM Civil Rule 25

In his opposition to motion to dismiss, as an argument in response to the standing issue, Jeffrey Welson requests that the court substitute Bermy Welson with himself as the lone petitioner/plaintiff in this matter, under FSM Civil Rule 25. Pl.’s Opp’n to Mot. to Dismiss at 3. The FSMSSA argues that Rule 25 does not apply because Bermy Welson has no interests to transfer because she is not eligible for benefits. Def.’s Reply to Opp’n at 5-6.

The plaintiff does not specify which section of FSM Civil Rule 25 would apply to this matter, however, the court will review this issue under Rule 25(c).^[3] FSM Civil Rule 25(c) states:

Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule.

Here, the plaintiff does not identify any specific interests that Jeffrey Welson would assert if Bermy Welson’s interest was transferred to him under Rule 25(c). Because Bermy Welson lacks standing to sue, the court will dismiss this matter without prejudice to allow Jeffrey Welson to assert any claims he may have against the FSM Social Security Administration.

IV. CONCLUSION

Accordingly, because Bermy Welson lacks standing to bring suit, this matter is DISMISSED WITHOUT PREJUDICE.

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^[1] 51 Pon. C. § 1-106. "Age of ity. All pAll persons, whether male or female, residing in the state of Pohnpei, who shall have attained the age of 18 years shall be regarded as of legal age and their period of minority to ceased." 6 F.S.M.C. 1616 i616 is a parallel statute under the FSM Code which also sets the age of majority at 18 years of age.

^[2] "Since Jeffrey had been an adult since the complaint was filed, then there is no opposition to the motion to dismiss for standing as Jeffrey ought to be the lone plaintiff." Id.

^[3] Under Rule 25, the other areas of substitution may be made by Death, Incompetency or by Public Officers by Death or Separation from Office. These forms of substitution do not apply to the present matter.