Lundeen v. Colvin

Filing 5

WRITTEN Opinion entered by the Honorable Virginia M. Kendall on 2/25/2013: For the reasons stated below, Lundeen's Motion to Proceed In Forma Pauperis is granted. The parties shall inform the Court by March 1, 2013 if they consent to proceed before the magistrate judge. [For further details see opinion.] Mailed notice.(np, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Virginia M. Kendall

CASE NUMBER

13 C 207

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

2/25/2013

Lundeen vs. Astrue

DOCKET ENTRY TEXT

For the reasons stated below, Lundeen’s Motion to Proceed In Forma Pauperis is granted. The parties shall
inform the Court by March 1, 2013 if they consent to proceed before the magistrate judge.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff Dennis Lundeen (“Lundeed”) moves to proceed in forma pauperis without the full prepayment
of filing fees. For the reasons stated below, Lundeen’s Motion to Proceed In Forma Pauperis is granted.
Lundeen his denial of Supplemental Social Security Income Benefits. Lundeen filed an application for
benefits with the Commissioner on September 30, 2009. An Administrative Law Judge denied Lundeen’s claim
on August 12, 2011. Lundeen subsequently requested review from the Social Security Administration Appeals
Council, which denied his request for review on November 9, 2012. Lundeen claims the Administrative Law
Judge’s decision denying him benefits is not supported by substantial evidence, and asks the Court to reverse the
Commissioner’s decision, or, in the alternative, remand this case to the Commissioner for further proceedings.
Pursuant to 28 U.S.C. § 1915(a), the Court may authorize Lundeen to proceed in forma pauperis if he is
unable to pay the mandated court fees. Lundeen 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. Lundeen is
unemployed and has not been employed since October 2008. Lundeen does not own real estate or any additional
items of personal property worth over $1,000, nor does he have more than $200 in cash in a checking or savings
account. Based on these facts, Lundeen’s financial affidavit sets forth his inability to pay the mandated court
fees.
Lundeen challenges the final decision of the Commissioner in this appeal. The Social Security Act
requires that a complaint challenging a final decision of the Commissioner be filed within sixty days of receiving
the decision. 42 U.S.C. § 405(g); Johnson v. Sullivan, 992 F.2d 346, 355 (7th Cir. 1990). The date of receipt is
presumed to be five days after the date of the notice, unless the plaintiff can make a reasonable showing tot he
contrary. See 20 C.F.R. §§ 404.901, 422.210(c). Lundeen filed his Complaint on January 11, 2013, sixty-three
13C207 Lundeen vs. Astrue

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STATEMENT
days after the Appeals Council’s denial – presumably fifty eight-days after receipt of the decision. Accordingly,
Lundeen’s Complaint is timely and properly before the Court. Lundeen also asserts that the finding that he is
not entitled to supplemental income benefits is not supported by substantial evidence. Lundeen has therefore
adequately stated a cause of action to give rise to plausible entitlement to relief. See Iqbal, 556 US. At 678
(quoting Twombly, 550 U.S. at 555). Therefore his motion to proceed in forma pauperis is granted. The parties
shall inform the Court by March 1, 2013 if they consent to proceed before the magistrate judge.

13C207 Lundeen vs. Astrue

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