Feliz Matos v. Commissioner of Social Security

Background

Fredie V. Feliz Matos is proceeding without a lawyer and was permitted to proceed without paying the filing fee. He seeks review of a final decision of the Commissioner of Social Security. He alleges that he is a United States citizen residing in Manhattan but was disenrolled from Medicare because the Social Security Administration mistakenly reported that he was “an illegal resident of the United States.”

Service of the lawsuit

Because Feliz Matos was allowed to proceed without paying the filing fee, the court explained that he may rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to prepare the required service form, issue a summons, and give the necessary papers to the Marshals Service so it can serve the United States. If service is not completed within 90 days after the summons is issued, Feliz Matos should ask for more time. He must also notify the court in writing if his address changes; the court warned that failing to do so could result in dismissal.

Request for counsel

Feliz Matos asked the court to request a volunteer lawyer. In deciding whether to appoint counsel for an indigent litigant, the court considered the apparent merits of the case, efforts to obtain a lawyer, and the litigant’s ability to investigate and present the case without assistance. The court stated that the complaint appears to have merit and granted the request for counsel.

The representation is limited. The volunteer lawyer is to enter a limited appearance to take available steps toward resolving the matter informally and quickly and may participate in settlement discussions. The lawyer will not be responsible for matters outside those described in the order. Representation will end when the lawyer files a notice of completion. The court also explained that finding a volunteer may take time, that no volunteer is guaranteed to accept the case, and that Feliz Matos may need to proceed without a lawyer.

Disposition

Judge Jesse M. Furman ordered the Clerk to issue the summons and arrange service through the U.S. Marshals Service. The court granted Feliz Matos’s application for the court to request counsel and directed the Clerk to seek limited-scope pro bono counsel. The Clerk was also directed to mail the order and information materials to Feliz Matos and to terminate the counsel-request filing identified as ECF No. 3. The order did not decide whether the Social Security Administration’s alleged Medicare-related error occurred or whether Feliz Matos is entitled to the relief he seeks.