(a) Transcript of Proceeding. 42 U.S.C. § 405(g) requires in “sentence six” remand
cases where the Commissioner’s decision is not fully favorable to the plaintiff, that
the Commissioner file the transcript of the proceeding upon which his or her
decision was based. At the time the transcript is filed, the United States Attorney’s
Office for the District of Kansas must contact the plaintiff to determine whether the
plaintiff intends to further pursue the case.
(b) Where the Plaintiff Will Not Pursue the Case. If the plaintiff does not intend to
further pursue the case, a stipulation of dismissal pursuant to Fed. R. Civ. P.
41(a)(1) must be filed within 14 days of the date the transcript is filed.
(c) Where the Plaintiff Will Pursue the Case. If the plaintiff intends to pursue the
case following remand, the plaintiff must file an amended complaint within 14 days
of the date the Commissioner files the transcript, thereby making clear that he or
she intends to challenge the unfavorable decision of the Commissioner following
remand. The Commissioner must then file an answer within 14 days of the date
plaintiff’s amended complaint is filed. Briefing shall continue from the filing of the
answer in accordance with Local Rule 83.7.2(b).
***
As amended 01/04/23, 12/01/09. Adopted 03/17/08 (formerly D. Kan. S.O. 07-1).
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RULES APPLICABLE TO BANKRUPTCY PROCEEDINGS
