Local Rule RULE 8.1: SOCIAL SECURITY CASES: REVIEW UNDER 42 U.S.C. § 405(g)
C.D. Ill. — Civil rule
RULE 8.1 SOCIAL SECURITY CASES: REVIEW UNDER 42 U.S.C. § 405(g)
(A) Complaints: Contents.
Any person seeking judicial review of a decision of the Commissioner of Social Security under Section 205(g) of the Social Security Act (42 U.S.C. § 405(g)) must provide, on a separate paper attached to the complaint served on the Commissioner of Social Security, the social security number of the worker on whose wage record the application for benefits was filed. The person must also state, in the complaint, that the social security number has been attached to the copy of the complaint served on the Commissioner of Social Security. Failure to provide a social security number to the Commissioner of Social Security will not be grounds for dismissal of the complaint.
(B) Complaints: Form of Allegation.
In keeping with Fed. R. Civ. P. 84 and the Appendix of Forms to the Federal Rules of Civil Procedure, the following form of allegations in a complaint is considered sufficient for § 405(g) review cases in this court:
(1) The plaintiff is a resident of ________________________ (City and State)
(2) The plaintiff complains of a decision which adversely affects (him) (her). The decision has become the final decision of the Commissioner for purposes of judicial review and bears the following caption:
In the case of Claim for __________________ ___________________ Claimant __________________ Wage Earner
(3) The plaintiff has exhausted administrative remedies in this matter and this court has jurisdiction for judicial review pursuant to 42 U.S.C. § 405(g).
WHEREFORE, plaintiff seeks judicial review by this court and the entry of judgment for such relief as may be proper, including costs.
(C) Service
(1) Where a complaint for administrative review is filed pursuant to 42 U.S.C. Section 405(g) and plaintiff in that complaint is allowed to proceed in forma pauperis, then the United States Attorney and Social Security Administration agree that service of initial process (i.e. summons and complaint) upon the United States Attorney and Social Security Administration under Fed. R. Civ. P. 4(i)(1)(A and C) may be accomplished by electronic delivery of the summons and complaint through the court's Case Management and Electronic Filing System (CM/ECF) to e-mail addresses provided to the Clerk's Office by the United States Attorney. The United States Attorney and Social Security Administration will treat this electronic delivery of the summons and complaint as service under Fed. R.Civ.P. 4(i)(1)(A and C). Service on the Attorney General will still be required pursuant to Fed. R. Civ. P. 4(i)(1)(B).
(2) Where a complaint for administrative review is filed pursuant to 42 U.S.C. Section 405(g) and plaintiff is not proceeding in forma pauperis, service shall be accomplished pursuant to Fed. R. Civ. P. 4(I).
(D) Responsive Pleading, Transcript of Proceedings.
The respondent has 120 days from the date of service of summons within which to file a responsive pleading and transcript of administrative proceedings.
(E) Motions: Hearing.
Within 30 days after the filing of the responsive pleading and transcript, the plaintiff must file a Motion for Summary Judgment and a Memorandum of Law which must state with particularity which findings of the Commissioner are contrary to law. The plaintiff must identify the statute, regulation or case law under which the Commissioner allegedly erred. The plaintiff must cite to the record by page number the factual evidence which supports the plaintiff's position. Arguing generally, "the decision of the Commissioner is not supported by substantial evidence" is not sufficient to meet this rule. Within 45 days thereafter, the defendant must file a "Cross-Motion for Affirmance and Response to the Motion for Summary Judgment" and Memorandum of Law which must specifically respond to the plaintiff's assertions and arguments. The defendant must cite to the record by page number the factual evidence which supports the decision of the Commissioner. Within 21 days after the filing of defendant's Cross-Motion, Plaintiff may file a reply brief addressing issues raised in the Cross-Motion. No further briefs are permitted without leave of Court. The case may be set for hearing at the discretion of the presiding judge.
revised 10/2017