Local Rule LR Civ P 9.02: Social Security Appeals

LR Civ P 9.02. Social Security Appeals.

(a) Referral: Upon receipt of a properly completed complaint and either (1) the full filing fee or (2) an Application for Leave to Proceed Without Prepayment of Fees, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, actions filed pursuant to 42 U.S.C. § 405(g) will be referred to the designated United States Magistrate Judge, who is authorized to consider the record and do all things proper to recommend disposition of any dispositive motions filed in the action and to rule upon any nondispositive motions, including, without limitation, conducting a hearing on the motions, if necessary, and entering into the record a written order setting forth the disposition of the motions or recommendation for disposition.

(b) Answer: Within sixty (60) days after the date of service of the complaint, the defendant shall file an answer and a complete copy of the record of the administrative proceedings. The defendant shall serve a copy of the same on plaintiff.

(c) Plaintiff's Motion for Summary Judgment and Memorandum in Support: Within thirty (30) days after the defendant has filed an answer and a complete copy of the administrative record, the plaintiff shall file a motion for summary judgment and memorandum in support setting forth his or her claim(s) for relief. The plaintiff shall serve copies of his or her motion for summary judgment and memorandum in support upon the United States Attorney's Office.

(d) Defendant's Memorandum in Opposition: Within thirty (30) days after the plaintiff's motion for summary judgment and memorandum in support are filed, the defendant shall file a memorandum in opposition and serve copies upon the plaintiff. The defendant is specifically directed to address all of the contentions and arguments made by the plaintiff in the same order in which the plaintiff has stated them in his or her motion and memorandum in support.

(e) Page Limits: The memoranda shall not exceed a total of fifteen (15) pages, except as approved by the Court upon motion. Objections to a Magistrate Judge's recommended disposition, or any response to the opposing party's objections, shall not exceed ten (10) typewritten pages or twenty (20) handwritten pages, including exhibits, except as approved by the Court upon motion. Any motion to exceed the Court's page limit shall be filed no later than one week before the deadline for the submission of the memorandum, objection, or response.

(f) Extension of Time: The Court will grant an extension of time only upon a showing of good cause. If a party desires an extension of time within which to respond, the moving party must file a motion for extension before the date upon which the memorandum is due. The memorandum shall be deemed submitted as of the date on which the defendant's memorandum is filed. If the Court, in response to a party's motion, grants an extension of time for a pleading or memorandum to be filed, the opposing party is automatically granted an extension for the same amount of time to file a responsive pleading or memorandum.

(g) References to the Administrative Record: Claims or contentions by the plaintiff alleging deficiencies in the Administrative Law Judge's (ALJ) consideration of claims or alleging mistaken conclusions of fact or law, and contentions or arguments by the Commissioner supporting the ALJ's conclusions of fact or law, must include a specific reference, by page number, to the portion of the record that (1) recites the ALJ's consideration or conclusion and (2) supports the party's claims, contentions or arguments.

(h) Date Received: The time limitations set forth above shall not be altered except as set forth in LR Civ P 16.01(f). All dates for submissions, deliveries and filings refer to the date the materials must actually be received, not the mailing date.