UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
IN RE: STANDING PROCEDURES GOVERNING GENERAL ORDER
ACTIONS SEEKING JUDICIAL REVIEW NO. 23-02
OF THE COMMISSIONER OF SOCIAL
SECURITY’S FINAL DECISION DENYING
AN APPLICATION FOR BENEFITS
***
The Court has adopted the following policies and procedures pertaining to all actions
instituted by a plaintiff against the Commissioner of Social Security in which the only claim is
being brought pursuant to 42 U.S.C. § 405(g).
CASE ASSIGNMENT
Pursuant to the Local Rule 40.1(a), all cases filed as of this date in which a plaintiff seeks
review, pursuant to 42 U.S.C. §405(g), of a decision by the Commissioner of Social Security, shall
be assigned to a United States Magistrate Judge in the following percentages:
Louisville Social Security Cases
Each Louisville Magistrate Judge = 50%
Bowling Green Social Security Cases
The Paducah and Bowling Green Magistrate Judges shall randomly receive new
case assignments from Bowling Green in such proportions as are necessary to ensure that
they receive a roughly equal distribution of Social Security Case assignments district-wide.
Paducah Social Security Cases
Paducah Magistrate Judge = 100%
Owensboro Social Security Cases
Bowling Green Magistrate Judge = 100%
Recusals
Should the Louisville Magistrate Judge assigned to a case recuse, the case shall
be reassigned to the other Louisville Magistrate Judge. Should the Paducah Magistrate
Judge recuse, the case shall be reassigned to the Bowling Green Magistrate Judge.
Should the Bowling Green Magistrate Judge assigned to the case recuse, the case shall
be reassigned to the Paducah Magistrate Judge. In the event that the recusal process
outlined herein is exhausted, the Chief Judge will determine reassignment.
CONSENT
The United States has already indicated its general consent to Magistrate Judge
jurisdiction in cases of this nature, subject to reserved rights to withdraw the consent in a
given case and to withdraw its general consent. Promptly after the filing of all such cases,
the Clerk shall direct a Notice of Social Security Case Assignment to all parties:
(a) Identifying the magistrate judge to whom the case has been assigned;
(b) Providing basic information concerning consent references to Magistrate
Judges;
(c) Confirming that any withdrawal of consent by the United States must be
filed no later than the date the United States files its answer to the complaint;
(d) Notifying plaintiff’s counsel, or plaintiff if he or she is proceeding pro se,
of plaintiff’s right to consent to magistrate judge jurisdiction pursuant to 28
U.S.C. §636(c);
(e) Providing a consent form for plaintiff to complete and advising plaintiff that
the executed form must be received by the Clerk within 21 days of the date
of the Notice; and
(f) Advising the parties as to the court’s procedure in the absence of consent.
If plaintiff timely consents, and if the United States does not timely withdraw
consent, the case shall be deemed assigned to the magistrate judge without the necessity of
an order of reference. In the event that the plaintiff does not timely consent, or if the United
States timely withdraws its consent, the Clerk shall reassign the case to a U.S. District
Judge as provided in the court’s general order governing civil case assignments. Such
reassigned cases shall be referred to the same Magistrate Judge to whom the case was
originally assigned for all pretrial, non-dispositive matters and for findings of fact,
conclusions, and recommendations for disposition.
NOTICE OF FILING
Upon the filing of a complaint seeking judicial review under 42 U.S.C. § 405(g) of a final
decision of the Commissioner that presents only an individual claim, and promptly following the
receipt of the required filing fee or entry of an order granting a plaintiff’s application to proceed
in forma pauperis and resolution of any outstanding issues with filing, the Clerk of Court will
transmit the following Notice of Filing to the appropriate email addresses furnished by the
USAO-WDKY:
NOTICE OF SERVICE: Pursuant to Rule 3 of the Supplemental Rules for
Social Security Actions under 42 U.S.C. § 405(g) and General Order 2023-02,
the Court hereby notifies the Commissioner of the Social Security
Administration and the United States Attorney’s Office for the Western
District of Kentucky that a Complaint seeking judicial review has been filed.
This Notice of Electronic Filing is the official notification referenced in Rule 3
of the Supplemental Rules for Social Security Actions. The plaintiff does not
need to serve separately a summons and complaint under Civil Rule 4. No
document is attached.
If the complaint was not filed electronically, the Clerk shall send a paper copy of
this notice to the Plaintiff.
PARTY IDENTIFICATION
In an effort to balance the need to provide public access to opinions in Social Security
appeals with the need to protect the substantial personal and medical information contained in
these cases, the Judicial Conference’s Committee on Court Administration and Case Management
has recommended that courts consider adopting a practice of using only the first name and last
initial of any claimant in its opinions.
NOW THEREFORE, effective immediately, in all opinions, reports and
recommendations, and orders ruling on reports and recommendations issued in cases filed pursuant
to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), in the United States District Court
for the Western District of Kentucky, any non-government party will be identified and referenced
solely by first name and last initial. This change will only apply to the opinions issued in Social
Security cases and will not apply to the PACER docket which will continue to display the non-
government party’s full name. Cases filed on behalf of a minor will continue to refer to the minor
by first and last initial.
This General Order, issued in light of the adoption of the Supplemental Rules for Social
Security Actions under 42 U.S.C. § 405(g), supersedes and revokes General Orders 22-05, 21-20,
and 2019-11.
DATED: February 24, 2023
ENTERED ___________________________________
J J. JR., CLERK GREG N. STIVERS, CHIEF JUDGE
2/24/2023
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
