Local Rule Rule 9: Social Security Cases

RULE 9 SOCIAL SECURITY CASES (amended on 06/09/2023)

The following procedures shall apply to actions challenging a final decision of the Commissioner of the Social Security Administration filed pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). These procedures do not apply to any other action.

(a) Initial Process.

(1) Plaintiff must provide in a secure fashion their full Social Security number and the full Social Security number of any minor child claimant or person whose wage record underlies the claim.

(2) Plaintiff must indicate whether (s)he consents to the action, to include the final judgment, being heard before a magistrate judge. The defendant Commissioner has agreed to proceed before a magistrate in all 42 U.S.C. § 405(g) actions.

(b) Attorney Fees for Social Security Cases. All Attorneys' Fees requests must be submitted electronically through CM/ECF.

(1) EAJA Attorneys' Fees. A party seeking attorneys' fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, shall have thirty (30) days after the judgment remanding the case to the Commissioner becomes final to file its request. The request shall include an assignment of fees document. The Commissioner shall have thirty (30) days to respond.

(2) 42 U.S.C. § 406(b) Attorneys' Fees. A party seeking attorneys' fees pursuant to 42 U.S.C. § 406(b) shall have fourteen (14) days after counsel's receipt of the original, amended, or corrected Notice of Award, whichever is latest, to file its request for attorney's fees. The Commissioner shall have thirty (30) days after receipt of the request to respond.

(A) A request for attorneys' fees pursuant to 42 U.S.C. § 406(b) shall include:

(i) The most recent notice of award, including the amount of retroactive benefits payable to plaintiff and each auxiliary (if applicable) and the amount withheld for attorney's fees;

(ii) Evidence of the date counsel received the notice of award, if different than the date issued;

(iii) An itemized work ledger, including plaintiff's asserted hourly rate and accounting for the time expended and tasks performed by counsel representing plaintiff in federal court.

(iv) Any fee agreement between plaintiff and counsel (if applicable); and

(v) If EAJA fees are also awarded, a statement affirming compliance with the statutory requirement to refund the smaller of the two fees and specifying the amount to be refunded.

(B) Pursuant to Federal Rule of Civil Procedure 60(b), either party may move for a correction of the 42 U.S.C. § 406(b) fee award if it is later found to be incorrect or incomplete.

(3) Absent a showing of good cause for delay, requests for attorneys' fees submitted after the deadlines in sections (1) and (2) shall be denied as untimely.