Smith v. Astrue
Filing
6
WRITTEN Opinion entered by the Honorable Virginia M. Kendall on 7/3/2012: Plaintiff's motion for leave to proceed in forma pauperis 4 is granted. Mailed notice(nf, )
Order Form (01/2005)
United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge
Virginia M. Kendall
CASE NUMBER
12 C 4710
CASE
TITLE
Sitting Judge if Other
than Assigned Judge
DATE
7/3/2012
Smith vs. Astrue
DOCKET ENTRY TEXT
Plaintiff’s motion for leave to proceed in forma pauperis [4] is granted.
O[ For further details see text below.]
Docketing to mail notices.
STATEMENT
Plaintiff Ricky Smith moves to proceed in forma pauperis without the full prepayment of filing
fees. Pursuant to 28 U.S.C. § 1915(a), the Court may authorize Smith to proceed in forma pauperisif
he is unable to pay the mandated court fees. Smith need not be penniless to proceed in forma
pauperis under § 1915(a)(1). See Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Instead, he is
eligible to proceed in forma pauperis if payment of the filing fee will prevent him from providing for
life’s necessities. See id. According to his financial affidavit, Smith is currently unemployed but was
employed from May 14, 2012 to May 16, 2012, earning $99.82. Smith does not own any real estate or
any additional items of personal property worth over $1,000, nor does he have more than $200 in
cash or in a checking or savings account. Smith has received $200.00 in food stamps over the past
twelve months. Smith lives at a Heartland Alliance apartment building, where he is provided with
shelter and food. Based on these facts, Smith’s financial affidavit sets forth his inability to pay the
mandated court fees.
Also, looking to whether the case states a claim, as this court must, the complaint challenges a
ruling regarding the denial of social security benefits. An individual may challenge a review by the
Appeals Council of the U.S. Social Security Administration by bringing a civil action in a federal
district court with sixty days of the adverse determination. See 42 U.S.C. § 405(g); accord Sims v.
Apfel, 530 U.S. 103, 106‐107 (2000). In challenging the review, a lawsuit will be considered frivolous
if the petitioner “can make no rational argument in law or fact to support [his] claims for relief.”
Greathouse v. Comm’r of Soc. Sec., No. 00 C 7661, 2000 WL 1847613 (N.D. Ill. Dec. 14, 2000) (citing
Jones v. Morris, 777 F.2d 1277, 1279 (7th Cir. 1985)). In the present case the Appeals Council
12C4710 Smith vs. Astrue
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STATEMENT
rendered its decision on April 19, 2012, and Smith timely commenced this action on June 13, 2012.
Smith contends that the finding that he is not disabled is not in accordance with the purpose or
intent of the Social Security Act, nor is it it supported by substantial evidence. Smith has therefore
adequately stated a cause of action to give rise to plausible entitlement to relief. Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
12C4710 Smith vs. Astrue
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