Local Rule 83.7.2: SOCIAL SECURITY APPEALS INVOLVING ONE INDIVIDUAL PURSUANT TO 42 U.S.C. § 405
D. Kan. — Civil rule
RULE 83.7.2 SOCIAL SECURITY APPEALS INVOLVING ONE INDIVIDUAL PURSUANT TO 42 U.S.C. § 405
(a) Review. Review of Social Security Appeals involving one individual pursuant to 42 U.S.C. § 405(g) shall be in accordance with the Fed. R. Civ. P., Supplemental Rules for Social Security Actions.
(1) The action shall commence with the filing of a complaint conforming to Supplemental Rule 2(b).
(2) Plaintiff need not serve a summons and complaint pursuant to Civil Rule 4. The court will notify the U. S. Attorney for the District of Kansas and the Social Security Administration's Office of General Counsel.
(3) The Commissioner will answer by filing a certified copy of the administrative record in accordance with Supplemental Rule 4.
(b) Filing and Service of Briefs. The plaintiff must serve and file a brief within 30 days after the date on which the answer is filed or 30 days after entry of an order disposing of the last motion filed under Civil Rule 4(c), whichever is later. The Commissioner must serve and file a brief within 30 days after service of the plaintiff's brief. The plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner's brief.
(1) The certified administrative record constitutes the facts to be considered in the court's review. Therefore, neither party shall submit a separate statement of facts. However, each assertion of fact in the parties' briefs must be supported by citation to the record. With the exception of a statement of facts, the parties' briefs must conform to the requirements of D. Kan. Rule 7.1.
(2) The court may extend or shorten the time for filing and serving briefs. The case is submitted when all briefs have been filed. The court will render a decision upon the briefs and the record, without oral argument, unless the court otherwise directs.
(c) Applicability of Other Rules. The parties to any proceedings governed by this rule must give the same notice of the filing of pleadings, records, and other documents as is required by Fed. R. Civ. P. 5. All other provisions of the Federal Rules of Civil Procedure and the rules of this court apply to such proceedings to the extent they are applicable. This rule controls over any conflicting local rule. * * * Adopted 01/04/23