(a) Review. Review of Social Security Appeals involving one individual pursuant to
42 U.S.C. § 405(g) shall be in accordance with the Fed. R. Civ. P., Supplemental
Rules for Social Security Actions.
(1) The action shall commence with the filing of a complaint conforming to
Supplemental Rule 2(b).
(2) Plaintiff need not serve a summons and complaint pursuant to Civil Rule 4.
The court will notify the U. S. Attorney for the District of Kansas and the
Social Security Administration’s Office of General Counsel.
(3) The Commissioner will answer by filing a certified copy of the
administrative record in accordance with Supplemental Rule 4.
(b) Filing and Service of Briefs. The plaintiff must serve and file a brief within 30
days after the date on which the answer is filed or 30 days after entry of an order
disposing of the last motion filed under Civil Rule 4(c), whichever is later. The
Commissioner must serve and file a brief within 30 days after service of the
plaintiff’s brief. The plaintiff may file a reply brief and serve it on the
Commissioner within 14 days after service of the Commissioner’s brief.
(1) The certified administrative record constitutes the facts to be considered in
the court’s review. Therefore, neither party shall submit a separate
statement of facts. However, each assertion of fact in the parties’ briefs must
be supported by citation to the record. With the exception of a statement of
facts, the parties’ briefs must conform to the requirements of D. Kan. Rule
7.1.
(2) The court may extend or shorten the time for filing and serving briefs. The
case is submitted when all briefs have been filed. The court will render a
decision upon the briefs and the record, without oral argument, unless the
court otherwise directs.
(c) Applicability of Other Rules. The parties to any proceedings governed by this rule
must give the same notice of the filing of pleadings, records, and other documents
as is required by Fed. R. Civ. P. 5. All other provisions of the Federal Rules of Civil
Procedure and the rules of this court apply to such proceedings to the extent they
are applicable. This rule controls over any conflicting local rule.
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Adopted 01/04/23
