Local Rule 9.1: SOCIAL SECURITY PRACTICE

9.1 SOCIAL SECURITY PRACTICE

(a) The Complaint. To obtain review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g), a party must file a complaint with the Court. The complaint must state that the action is brought under § 405(g), identify the final decision to be reviewed including any identifying designation provided by the Commissioner with the final decision, state the name and county of residence of the person for whom benefits are claimed, name the person in whose wage record benefits are claimed, and state the type of benefits claims. Neither the complaint nor a summons need to be served under Fed. R. Civ. P. 4; however, after filing a complaint, a plaintiff is responsible for sending an email to USAMOW.SSA@usdoj.gov and OGC.WDMO@ssa.gov stating the full name of name the person in whose wage record benefits are claimed and stating that individual's full Social Security number. Upon the filing of the complaint, the Court will notify the local United States Attorney's office and the Social Security Administration's Office of the General Counsel of the filing by transmitting a Notice of Electronic Filing to USAMOW.SSA@usdoj.gov and OGC.WDMO@ssa.gov

(b) The Answer. Within 90 days after notice of the action, the defendant must serve an answer on the plaintiff. An answer may be limited to a certified copy of the administrative record. The defendant may also file an answer with a statement of any affirmative defenses under Fed. R. Civ. P. 8(c) or any motion under Fed. R. Civ. P. 12.

(c) The Record.

1. Unless the Court orders otherwise, the record in Social Security cases comprises all decisions by an Administrative Law Judge and all pleadings, evidence and orders in the administrative record.

2. If a party discovers a material omission from, or misstatement in, the record:

A. The discovering party must immediately notify the Court and all other parties;

B. The parties may supply the omission or correct the misstatement by stipulation; and C. The Court may order a party to correct the omission or misstatement and, if necessary, prepare and file a supplemental record.

(d) Briefs.

1. Plaintiff's Brief. The plaintiff must file and serve on the Commissioner a brief for any requested relief within 40 days after the certified copy of the administrative record is filed.

2. Commissioner's Brief. The Commissioner must file a brief and serve it on the plaintiff within 40 days after service of the plaintiff's brief.

3. Reply Brief. The plaintiff may file and serve on the Commissioner a reply brief within 21 days after service of the Commissioner's brief.

4. Briefs from the parties must support assertions of fact by citations to particular parts of the certified copy of the administrative record.

5. In ruling upon a Social Security complaint, the Court must consider the record, supporting brief, opposing brief, and reply brief. The Court may, but need not, order and consider oral argument.