Opinion
00 CV 5421
June 19, 2001
HERBERT BINGER Far Rockaway, New York, plaintiff Pro Se.
LORETTA LYNCH, United States Eastern District of New York Brooklyn, New York, for defendant.
MEMORANDUM AND ORDER
Plaintiff brought this action seeking review of the final determination of the Commissioner of the Social Security Administration denying plaintiff's claim for Disability Insurance and/or Supplemental Security Income benefits. plaintiff now moves for appointment of counsel.
Cooper v. A. Sargenti Co., 877 F.2d 170 (2d Cir. 1989), articulates the factors the court must consider before appointing counsel for an indigent litigant: (1) whether the indigent's position seems likely to be of substance; (2) the indigent's ability to investigate the crucial facts; (3) whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder; (4) the indigent's ability to present the case or obtain private counsel; (5) the complexity of the legal issues; (6) the availability of counsel; and (7) special reasons why appointment of counsel would be likely to lead to a more just determination.
In Cooper, the court said that only if, after close scrutiny of the merits of the claim, the court finds it to be of substance should the other criteria be considered. 877 F.2d at 172, quoting Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986).
The court has reviewed plaintiff's claims and cannot at this time say whether they are likely to be of substance. The court thus does not consider the other factors. The motion for appointment of counsel is denied. The court will reconsider the motion on renewal as the case progresses.
So ordered.