Local Rule 9.0: Pleading Social Security Cases; Bankruptcy Appeals
D. Vt. — Civil rule
Rule 9. Pleading Social Security Cases; Bankruptcy Appeals.
(a) Social Security Cases. The following procedures govern all actions challenging a final decision of the Commissioner of the Social Security Administration filed under the Social Security Act, 42 U.S.C. § 405.
(1) Time for Filing Answer. Within 60 days after notice of the action is given under Rule 3, the Commissioner must serve and file:
(A) an answer, which may be limited to a certified copy of the administrative record (and may be filed in electronic form), and to any affirmative defenses under Civil Rule 8(c). Civil Rule 8(b) does not apply.
(2) Motion for Order Reversing the Commissioner's Decision. Within 30 days after the Commissioner files an answer, the plaintiff must serve and file:
(A) a Motion for Order Reversing the Commissioner's Decision or for other relief; and
(B) a supporting memorandum.
(3) Motion for Order Affirming the Commissioner's Decision. Within 30 days after the plaintiff files the Motion for Order Reversing the Commissioner's Decision, the Commissioner must serve and file:
(A) a Motion for Order Affirming the Decision of the Commissioner or for other relief; and
(B) a supporting memorandum.
(4) Reply Memorandum. Within 14 days after the Commissioner files the Motion for Order Affirming the Commissioner's Decision, the plaintiff may serve and file a reply.
(5) Further Reply Memorandum. If the plaintiff raises new issues or arguments in a reply memorandum, the Commissioner may serve and file a sur-reply within 14 days after service of the reply memorandum.
(6) Content of Motions and Memoranda.
(A) Motions and memoranda must not exceed a total of 25 pages, and must meet the formatting requirements of Rule 10(a).
(B) The first section of the memorandum must include a summary of the case's procedural history and a brief summary of the relevant background facts, with page citations to the administrative record.
(C) The second section of the memorandum must include a concise statement of each issue for review, similar to an appellate brief; and must present the argument, discussing each issue in a separate subsection. The argument shall refer to the pertinent facts, if any, and shall include specific page citations to the administrative record for supporting evidence.
(b) Bankruptcy Appeals.
(1) Filing. To appeal a bankruptcy judgment, the appellant must submit the following to the bankruptcy court clerk within 14 calendar days after the court's final judgment, order, or decree:
(A) a notice of appeal; and
(B) a fee for each notice of appeal (refer to Bankruptcy fee schedule).
(2) Parties to Assist Bankruptcy Clerk with Transmitting Record. The designating party must comply with any request by the bankruptcy court clerk to facilitate the assembly and transmission of the record to the district court within 30 calendar days after filing the designation. A judge may dismiss the appeal or take other appropriate action for failure to comply with this provision, including, but not limited to, failing to provide all copies of designated items or failing to notify or prepay the bankruptcy clerk for copy or filing fees.
(c) Interlocutory Bankruptcy Appeals.
(1) Filing. To appeal a decision in a pending bankruptcy action, a party must file the following with the bankruptcy court clerk:
(A) a motion for leave to appeal;
(B) a notice of appeal; and
(C) a notice of appeal fee (refer to Bankruptcy fee schedule).
(2) If Granted. If the court grants the motion for leave to appeal, the appellant must pay an additional filing fee to the bankruptcy court clerk (refer to Bankruptcy fee schedule).
(d) Withdrawal of Reference.
(1) Filing. To file a motion for withdrawal of reference of a case or proceeding, a party must submit the following to the bankruptcy court clerk:
(A) a clear statement that the party is seeking relief from the district court; and
(B) a filing fee (refer to Bankruptcy fee schedule).
(2) Opposition. A party opposing withdrawal of reference must file an opposition paper within 14 calendar days after service of the motion for withdrawal of reference. The moving party has 14 calendar days after service of the opposition to file a reply.
(3) District Court Assignment. A district judge will be assigned according to the court's usual system for assigning civil cases. Contested motions for withdrawal of reference receive a civil case number. Uncontested motions for withdrawal receive a miscellaneous case number.
(4) Notification of Bankruptcy Court Clerk. The district court clerk must notify the bankruptcy court clerk of the case number and the assigned judge.