Local Rule LR 7.2: PROCEDURES IN SOCIAL SECURITY CASES

LR 7.2 PROCEDURES IN SOCIAL SECURITY CASES

(a) Application Rule. This rule governs an action under 42 U.S.C. § 405(g) for review on the record of a final decision of the Commissioner of Social Security that presents only an individual claim.

(b) Service of Social Security Number. The plaintiff must serve the plaintiff's social security number on the Commissioner under Fed. R. Civ. P. 5(b). If service of the social security number is completed by filing with the court, the document must be filed under seal. The complaint will not be dismissed for failure to comply with this requirement.

(c) Case Assignment.

(1) The clerk must randomly assign every case to a magistrate judge.

(2) On or before the date on which the answer must be filed, each party must submit a completed Social Security Case Assignment Form, through which the party either:

(A) consents to disposition of the case by the magistrate judge under 28 U.S.C. § 636(c); or

(B) asks to have a district judge assigned to the case.

(3) The Social Security Case Assignment Form must be submitted to the clerk in paper and not filed on the ECF system.

(4) If any party asks to have a district judge assigned to the case, the clerk must randomly assign the case to a district judge. The magistrate judge assigned to the case will remain assigned to the case to conduct such proceedings as the district judge directs.

(d) Decision.

(1) Unless the court orders otherwise, all proceedings will be conducted without oral argument.

(2) If a magistrate judge issues a report and recommendation, a party may object to the report and recommendation in accordance with Fed. R. Civ. P. 72(b), LR 72.2(b), and 28 U.S.C. § 636(b)(1)(B), and the opposing party may respond to the objecting party in accordance with the same rules and laws. Objections and responses must not exceed the word limit set forth in LR 72.2(c).

(e) Review After Remand When Court Retains Jurisdiction.

(1) If the Commissioner of Social Security's final decision upon remand is adverse to the plaintiff, the Commissioner must file and serve a supplemental administrative record within 60 days after that final decision.

(2) Within 30 days after the Commissioner serves the supplemental administrative record, the plaintiff may file and serve a brief for the requested relief. The Commissioner must file a brief and serve it on the plaintiff 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.

(f) Attorney's Fees Under the Social Security Act. Petitions for fees under the Social Security Act must be filed within 30 days after the plaintiff's attorney is notified of the Commissioner of Social Security's award certificate.

[Adopted effective November 1, 1996; amended January 3, 2000; amended May 17, 2004; amended October 18, 2007; amended September 24, 2009; amended December 1, 2009; amended January 31, 2011; amended September 12, 2014; amended December 1, 2015; amended April 15, 2022; amended December 1, 2022]