Eastern District of Kentucky
FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY Robert R. Carr
Clerk, U.S. District Court
GENERAL ORDER NO. 22-15
)
In re: Social Security Actions )
) STANDING PROCEDURES
) GOVERNING FILINGS, BRIEFING,
) AND RESOLUTION OF ACTIONS
)
)
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To comply with the Supplemental Rules for Social Security actions filed pursuant to
42 U.S.G. § 405(g), the following is adopted and it is hereby
ORDERED as follows:
(1) An action for review of a final decision of the Commissioner of Social Security
under 42 U.S.C. § 405(g) presenting an individual claim for relief is commenced by the filing
of a complaint with the Court. The complaint must include a short and plain statement of the
grounds for relief and:
(a) state that the action is brought under 42 U.S.C. § 405(g) and identify the
final decision to be reviewed, including any identifying designation provided by the
Commissioner with the final decision;
(b) state the name and the county of residence of the person for whom
benefits are claimed;
(c) name the person on whose wage record benefits are claimed; and
(d) state the type of benefits claimed.
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(2) The Clerk of the Court is directed to notify the Commissioner of the
commencement of the action by transmitting a Notice of Electronic Filing to the Social
Security Administration’s Office of General Counsel and to the United States Attorney for the
Eastern District of Kentucky. If the complaint is not filed electronically, the Clerk of the Court
is directed to notify the plaintiff of the transmission. The plaintiff need not serve a summons
and complaint under Rule 4 of the Federal Rules of Civil Procedure.
(3) An answer to the complaint must be served on the plaintiff within 60 days after
the notice of the action is given under paragraph (2) above. An answer may be limited to a
certified copy of the administrative record and to any affirmative defenses under Rule 8(c) of
the Federal Rules of Civil Procedure. Civil Rule 8(b) does not apply.
(4) A motion under Rule 12 of the Federal Rules of Civil Procedure must be made
within 60 days after notice of the action is given under paragraph (2) above. Unless the Court
sets a different time, serving a motion pursuant to this paragraph alters the time to answer as
provided in Rule 12(a)(4) of the Federal Rules of Civil Procedure.
(5) The action is presented for decision by the parties’ briefs. A brief must support
the assertions of fact by citations to particular parts of the record. More specifically, the parties
shall provide the Court with specific page citations to the administrative record to support their
arguments. The Court will not undertake an open-ended review of the entirety of the
administrative record to find support for the parties’ arguments. Submission of briefs shall be
as follows:
(a) The plaintiff must file and serve on the Commissioner a brief for the
relief requested within 30 days after the answer is filed or within 30 days after entry of an order
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disposing of the last remaining motion under paragraph (4) above. The plaintiff’s brief may
not exceed 15 pages.
(b) The Commissioner must file a brief and serve it on the plaintiff within
30 days after service of the plaintiff’s brief. The Commissioner’s brief may not exceed 15
pages.
(c) The plaintiff may file a reply brief and serve it on the Commissioner
within 14 days after service of the Commissioner’s brief. The reply brief may not exceed 8
pages.
(6) Extensions of time, expansion of page limitations, or permission to file
additional briefs may be granted only if good cause is shown.
(7) Except as otherwise provided by this Order, motion practice shall be governed
by Local Rule 7.1.
(8) These procedures become effective December 1, 2022, and the Clerk of the
Court is directed to file a copy of this General Order in all actions which are filed on or after
that date seeking review of the final decision of Commissioner of Social Security under 42
U.S.C. § 405(g).
(9) On December 1, 2022, this General Order shall supersede General Order 13-17
filed October 24, 2013.
Dated: November 16, 2022.
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