Local Rule Civ. RULE 9.1: SPECIAL MATTERS - REVIEW OF SOCIAL SECURITY MATTERS

Civ. RULE 9.1 SPECIAL MATTERS - REVIEW OF SOCIAL SECURITY MATTERS [Rule rescinded effective December 1, 2022, upon adoption of the Federal Rules of Civil Procedure's Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g)]. (a) Review of Social Security Matters - Generally (1) In any action involving the review of a final decision by the Commissioner of Social Security (Defendant) denying a claim for benefits under the Social Security Act (42 U.S.C. § 405(g) (hereinafter "Social Security case")), the following rules and procedures shall apply: (2) These rules are not intended to cover any type of case other than record review of individual Social Security cases. Class actions or constitutional challenges to the law will continue to be governed by the Federal Rules of Civil Procedure and this Court's Local Civil Rules. (b) Filing the Complaint (1) Plaintiff shall adhere to the standard complaint format specified in paragraph (2) of this subsection. For the convenience of litigants, sample complaint form(s) can be found on this Court's website at: www.njd.uscourts.gov. (2) The complaint shall contain: (A) a statement of jurisdiction to include a statement of proper venue and timeliness, with reference to the date of the decision of the Appeals Council; (B) a short and plain statement of the claim showing that the Plaintiff is entitled to relief; and (C) a demand for the specific relief claimed. (c) Defendant's Response (1) Within 60 days of receipt of the summons and complaint, Defendant will file the administrative record with the Clerk of this Court, which shall constitute Defendant's answer, or otherwise move. If Plaintiff is pro se, Defendant will also serve Plaintiff, by first class mail, a copy of the administrative record or motion. (2) In the event a motion is made, Local Civil Rule 7.1 for the handling of motions will apply. (d) Plaintiff's Statement (1) To encourage early and amicable resolution of Social Security matters, Plaintiff, within 14 days of the filing of Defendant's answer, shall file with the Clerk of this Court a statement setting forth Plaintiff's primary contentions or arguments as to why Plaintiff believes that he or she is entitled to relief. (2) Defendant shall file a response within 30 days of the filing of Plaintiff's statement. (3) If the parties agree on the resolution of a Social Security matter, the parties shall proceed in accordance with Local Civil Rule 41.1(b). (e) Briefing (1) Plaintiff shall file a brief within 75 days of the receipt of the answer to the complaint. (2) Defendant shall file a responsive brief within 45 days after the receipt of Plaintiff's brief. (3) Plaintiff may file a reply brief within 15 days after receipt of Defendant's brief. No further briefing is permitted without leave of the Court. (4) All briefing shall conform to Local Civil Rule 7.2. (5) Plaintiff's brief shall contain: (A) a statement of the issues presented for review; (B) a statement of the case. This statement should indicate briefly the course of the proceeding and its disposition at the administrative level; (C) a statement of facts with references to the administrative record; (D) an argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth Plaintiff's arguments with respect to the issues presented and reasons therefor; and (E) a short conclusion stating the relief sought. (6) Defendant's brief: (A) may contain counter-statements to the Plaintiff's statement of the issues, statement of the case, and statement of facts, if Defendant disagrees with any portion thereof; (B) shall contain an argument responding to Plaintiff's argument; and (C) shall contain a short conclusion stating the relief sought. (f) Disposition All Social Security cases will be handled by the Court on written briefs unless a request for oral argument is granted or as otherwise directed by the Court. Amended: June 22, 1999; February 19, 2002; March 1, 2010; June 12, 2012; November 10, 2016; December 1, 2022.