General Order 42 - Plan for Direct Assignment of Social Security Appeal Cases to a U.S. Magistrate Judge

IN UNITED WESTERN INRE: PLAN FOR DIRECT ASSIGNMENT OF SOCIAL SECURITY APPEAL TO A UNITED STATES MAGISTRATE JUDGE GENERAL ORDER NO. 42 I. will assign all cases pursuant to § 205(g) of the Security § 406(g), for benefits under Titles II, XVI, and XVII of the Act to a United States at the time filing. n. A. Magistrate Judge Authority In a case directly assigned to a United States Magistrate Judge, the Magistrate Judge is for all case management and If all parties consent in writing to the of civil trial jurisdiction, case will remain Judge for all purposes, including entry final c); Fed.R.Civ.P. 73; Rule I B. Appeal a final judgment entered at a Judge's direction may Court of as would any other from a district court U.S.c. § c) (3); Fed.R.Civ.P. 73( c); Local Rule l.X.C. C. Supplement to Existing Consent Option direct assignment of cases to Magistrate Judges supplements, does ne L replace, the ability to consent to the ofjurisdiction by a '~_I-,'~" Judge, either initially or in a case to a District Judge. III. A. Notice all cases directly to a Magistrate Court will enter 3. Notice of with Form. The plaintiff will fourteen (14) from date Notice of Direct Assignment was to return the Consent/Reassignment Form to the of -1­ B. Consent Voluntary All parties are free to request a reassignment to a District Judge without the imposition of any adverse substantive consequences. C. Response Mandatory While consent to the assignment of a case to a Magistrate Judge is entirely voluntary: submission of the ConsentlReassignment Form, memorializing the consent or requesting reassignment to a District Judge, is mandatory. Failure to submit the Consent/Reassignment Form in a timely manner may result in delay in processing the case. D. Reassignment of Cases A case directly assigned to a Magistrate Judge will be reassigned to a District Judge if all the parties have not consented to the exercise of jurisdiction by a Magistrate Judge. The Clerk of Court will enter an order ofreassigrunent on behalf of the Chie f District Judge. The Magistrate Judge will remain the referral judge on the case. E. Filing of ConsentlReassignment Forms The plaintiffs ConsentlReassignment Form will be sent to and filed by the clerk, along with a copy of the Standing Consent from the United States Attorney. F. United States Attorney Standing Consent to Exercise Jurisdiction by a United States Magistrate Judge The United States Attorney for the Western District of Arkansas submitted a letter to the Clerk of Court dated March 31, 2011, providing a standing consent to have a Magistrate Judge conduct any and all proceedings, including the entry of fin al judgement, in all cases in which the plaintiff is seeking review of the administrative action of the Social Security Administration. The standing consent is revocable by the United States Attorney in any case, and such revocation in a particular case wi ll be exercised by advising the Clerk of Court in writing at the appropriate state of tl:e proceedings. Dated this 17th day of January 2013. US DIST1UCT~SAS WBSTBRNW~D JAN 17 2013 CHIEF UNITED STATES DISTRlCT JUDGE CHRIS R. JOHNSON, Clerk By Deputy Clerk -2­