Local Rule Rule 4: Social Security Cases

Rule 4. Social Security Cases

(a) Applications to Proceed without Prepayment of Funds in Disability Insurance and Supplemental Security Income Appeals. Pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b), all applications to proceed without prepayment of funds in Social Security disability insurance or supplemental security income appeals may be referred to a United States magistrate judge for consideration. Pursuant to Federal Rule of Civil Procedure 72(b), the petitioner may object to any order entered by the magistrate judge denying in forma pauperis status and may seek review by the district judge to whom the case would be assigned by filing a written objection to the order with the court within 14 days of notice thereof.

(b) Social Security Disability Filings. Pursuant to the Supplemental Rules for Social Security actions and 42 U.S.C. § 405(g), on judicial review of decisions by the Commissioner of Social Security, the following rules apply:

(1) The parties may use the form Social Security Complaint and Social Security Answer which are hyperlinked here and also available on the Court's website under the "Forms" tab.

(2) In all cases in which the Court has entered a judgment affirming, modifying, or reversing the decision of the Commissioner and remands the cause for a rehearing, the order of remand shall be deemed a final order for all purposes, except a petition for approval of attorneys' fees, and the claimant must file a new complaint pursuant to the terms of 42 U.S.C. § 405(g) to obtain further judicial review, and in such cases, the Court shall waive prepayment of any statutory filing fee;

(3) The Court shall retain jurisdiction in all cases in which the Court remands the case to the Commissioner for consideration of new evidence which is material and for which good cause is shown for failure to incorporate the evidence in prior proceedings. Claimants dissatisfied with the Commissioner's decision upon remand may petition the Court to reinstate the case on the active docket for review of the decision; if all parties are satisfied with the decision upon remand, the prevailing party shall petition the Court for entry of a final order adopting and ratifying the decision; and

(4) Any petition for approval of attorneys' fees pursuant to §406(b) shall be filed within 30 days of the date of the Notice of Award. A copy of the Notice of Award shall be filed with the petition for approval of attorney's fees.

(c) Briefing of Social Security Cases. In all cases seeking judicial review of decisions by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), the following procedures are applicable, unless changed by the presiding judge:

(1) The plaintiff must file, within 30 days of service of a copy of the administrative record, a brief addressing why the Commissioner's decision is not supported by substantial evidence or why the decision otherwise should be reversed or the case remanded;

(2) If the plaintiff desires oral argument, it must be requested in writing at the time the plaintiff's brief is filed. Whether to allow oral argument is at the discretion of the Court. If oral argument is allowed, a party may participate either telephonically or in person;

(3) If the Commissioner desires to file a brief in response, such brief must be filed within 30 days after service of the plaintiff's brief;

(4) If the plaintiff desires to file a reply brief, such brief must be filed within 14 days after service of the Commissioner's brief; and

(5) In the event that the Commissioner files a motion to remand the case to the Commissioner for further proceedings, the motion must set forth whether or not the plaintiff consents to such remand. If no such consent is indicated, the plaintiff must file the grounds of any objection to remand within 14 days of service of the motion to remand, or it will be assumed that plaintiff consents to remand.