Paasch v. Commissioner of Social Security
| Brady J Paasch |
| Commissioner of Social Security |
| Social Security - Office of the General Counsel |
| 4:2025cv04004 |
| January 6, 2025 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Document Text |
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| Filing 4 MOTION to Request Counsel by Plaintiff Brady J Paasch. Responses due by 2/18/2025. (BMG) |
TEXT ORDER entered by Chief Judge Sara Darrow on January 7, 2025. Plaintiff has filed an #2 Application to Proceed in District Court Without Paying Fees or Costs. The #2 application was submitted under penalty of perjury and demonstrates that Plaintiff should be excused from paying the filing fee in this case, so the #2 application is therefore GRANTED. Plaintiff has also filed a #3 Motion to Request Counsel. Though "Congress has not specifically authorized courts to appoint counsel for plaintiffs [in social security appeals]," McGary v. Astrue, No. 10-cv-710-WDS-PMF, 2010 WL 5287426, at *1 (S.D. Ill. Dec. 2, 2010), the federal in forma pauperis ("IFP") statute provides that a "court may request an attorney to represent a person who is unable to afford counsel," 28 U.S.C. 1915(e)(1). The Court cannot require an attorney to accept pro bono appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007) (recognizing that the IFP statute "does not authorize the federal courts to make coercive appointments of counsel"). Nevertheless, when faced with such a request for pro bono counsel, the Court must consider: (1) whether the indigent plaintiff made a reasonable attempt to obtain counsel or was effectively precluded from doing so; and if so, (2) given the difficulty of the case, whether the plaintiff appears competent to litigate it himself. Id. at 654. Here, Plaintiff asserts that he "is severely mentally disabled" and that he "cannot read or write effectively." #3 Mot. Request Couns. para. 6. He also asserts that he contacted two legal aid organizations but provides no documentation regarding his communications with those organizations nor does he state whether those organizations have declined to represent him in this case. Id. para. 2. Plaintiff has not shown that he made a reasonable attempt to obtain counsel nor that he is effectively precluded from doing so, such that the #3 Motion to Request Counsel is DENIED WITHOUT PREJUDICE. Plaintiff may submit a renewed motion to request counsel with the proper documentation if he so chooses. (KJC)
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| Filing 3 MOTION to Request Counsel by Plaintiff Brady J Paasch. Responses due by 1/21/2025. (BMG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brady J Paasch. Responses due by 1/21/2025. (BMG) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Brady J Paasch.(BMG) |
| NOTICE of Social Security Complaint filed. Commissioner of Social Security answer due on 3/7/2025. (BMG) |
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