Jones v. Commissioner of Social Security

Filing 6

MEMORANDUM AND ORDER, The Court RESERVES RULING on the motion for leave to proceed in forma pauperis (Doc. 4) and ORDERS that Jones shall have up to and including May 11, 2018, to file an amended complaint with more details about his claim. Signed by Judge J. Phil Gilbert on 4/11/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORBIN D. JONES,
Plaintiff,
v.

Case No. 18-cv-592-JPG-CJP

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Corbin D. Jones’s motion for leave to
proceed in forma pauperis in his petition for review of a decision by the Social Security
Administration (Doc. 4). A federal court may permit an indigent party to proceed without prepayment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff
leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or
malicious. 28 U.S.C. § 1915(e)(2)(B)(i). The test for determining if an action is frivolous or
without merit is whether the plaintiff can make a rational argument on the law or facts in support
of the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain v. Miller, 708 F.2d 1241,
1247 (7th Cir. 1983). When assessing a motion to proceed in forma pauperis, a district court
should inquire into the merits of the plaintiff’s claims, and if the court finds them to be frivolous,
it should deny leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d 625, 626 (7th
Cir. 1982).
The Court is satisfied from Jones’s affidavit that he is indigent. However, the Court has
reviewed his filings with the Court to date and has formed the impression that he may be seeking
Social Security benefits as an original matter rather than appealing a decision from the

Commissioner of Social Security. The Court cannot say whether his action is frivolous or
malicious without knowing whether this is a bona fide appeal of an administrative decision or a
misguided effort to apply for benefits. The Court RESERVES RULING on the motion for
leave to proceed in forma pauperis (Doc. 4) and ORDERS that Jones shall have up to and
including May 11, 2018, to file an amended complaint with more details about his claim such as,
for example, the date of his application for Social Security benefits, the date of the Appeals
Council’s decision denying review, and any other pertinent information relative to an
administrative decision rendered by the Social Security Administration. Should Jones fail to
amend his complaint with sufficient detail to allow the Court to assess whether it is a bona fide
appeal of an administrative decision, the Court may deny him leave to proceed in forma pauperis
and may dismiss this case as frivolous or malicious or because it fails to state a claim. See 28
U.S.C. § 1915(e)(2)(B).
The Court advises Jones that if he seeks disability benefits or supplemental security
benefits from the Social Security Administration and he has not yet filed an application for
benefits, he may consult the Social Security Administration’s webpage about applying for those
types of benefits (https://www.ssa.gov/benefits/disability/), call the agency (1-800-772-1213) or
visit his local Social Security office (Federal Building, 105 S. 6th Street, Mount Vernon, IL
62864; 1-866-931-2549) for more information.
IT IS SO ORDERED.
DATED: April 11, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE