UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN THE MATTER OF AMENDMENTS
TO LOCAL CIVIL RULE 8 Administrative Order No. 22-RL-096
___________________________________/
On December 1, 2022, the new Federal Supplemental Rules for Social Security Cases take
effect. To implement these rules, the district judges have unanimously approved amendments to
Local Civil Rule 8.
Accordingly,
IT IS ORDERED that Local Civil Rule 8 be and hereby is amended as set forth in the
attachment to this Administrative Order.
IT IS FURTHER ORDERED that the Clerk shall provide a copy of this Administrative
Order to the Judicial Conference of the Sixth Circuit. All attorneys registered for electronic service
on the CM/ECF system shall be given electronic notice of this rule amendment, and the official
rules posted on the Court’s website shall be amended accordingly.
IT IS FURTHER ORDERED that the amendments to Local Civil Rule 8 shall be
effective on December 1, 2022.
FOR THE COURT:
Dated: November 2, 2022
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
Local Civil Rule 8. General rules of pleading
8.1 Complaints in Social Security cases – Complaints filed pursuant to § 205(g) of the
Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and XVII of the
Social Security Act shall contain, in addition to what is required under Rule 8(a) of the
Federal Rules of Civil Procedure, the following information: (1) a statement that the action
is brought under 42 U.S.C. § 405(g); (2) the identification of the final decision to be
reviewed, including any identifying designation provided by the Commissioner with the
final decision; (3) the name, as well as the county of residence, of the person for whom
benefits are claimed; (4) in cases involving claims for retirement, survivors, disability, or
health insurance, the last four digits of the social security number of the worker (who may
or may not be the plaintiff) on whose wage record the application for benefits was filed;
(5) in cases involving claims for supplemental security income benefits, the social security
number of the plaintiff; and (6) the type of benefits claimed.
(a) Electronic service – The Clerk of Court shall, within seven days of the filing
of the complaint, notify the Commissioner of the commencement of the action by
transmitting a Notice of Electronic Filing to the appropriate office within the Social Security
Administration’s Office of General Counsel and the United States Attorney for the district
where the action is filed.
(b) Other service – If the complaint was not filed electronically, the Clerk of
Court shall, within seven days of the filing of the complaint, notify the plaintiff of the
transmission.
(c) Service of summons and complaint – The plaintiff need not serve a
summons and complaint under Federal Rules of Civil Procedure 4.
8.2 Answers and replies – Except in Social Security cases as provided in LCivR 8.3
and cases brought by a plaintiff, a responsive pleading under Rule 8(b) of the Federal
Rules of Civil Procedure shall recite verbatim that paragraph of the pleading, or amended
pleading, to which it is responsive, followed by the response. Upon request, an attorney
must provide to opposing counsel a copy of the complaint or other pleading to which a
response is due, in native word processing format, so that opposing counsel may comply
with this rule.
8.3 Answers in Social Security cases – In all Social Security cases filed under 42
U.S.C. §§ 405(g) and 1383(c)(3), defendant shall have sixty (60) days after notification of
the commencement of the action to file and serve upon plaintiff a certified copy of the
administrative record of the proceedings, which shall constitute defendant’s answer, or
otherwise move against the complaint. No separate answer need be filed. Unless the
court sets a different time, serving a motion under Federal Rules of Civil Procedure 12
alters the time to answer as provided by Federal Rules of Civil Procedure 12(a)(4).
8.4 Presenting an action for decision – An action under § 405 is presented for decision
by the parties’ briefs. A brief must support assertions of fact by citations to particular parts
of the record by PageID, in accordance with LCivR 10.9.
(a) Plaintiff’s Brief – The Plaintiff shall file and serve on the Commissioner a
brief for the requested relief within thirty (30) days after the answer is filed or thirty (30)
days after entry of an order disposing of the last remaining motion filed under Federal
Rules of Civil Procedure 12, whichever is later.
(b) Commissioner’s Brief – The Commissioner shall file a brief and serve it on
the plaintiff within thirty (30) days after service of the plaintiff’s brief.
(c) Reply Brief – The plaintiff may file a reply brief and serve it on the
Commissioner within fourteen (14) days after service of the Commissioner’s brief.
Effective date: December 1, 2022
Local Civil Rule 8. General rules of pleading
8.1 Complaints in Social Security cases – Complaints filed pursuant to § 205(g) of the Formatted: Space After: 12 pt
Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and XVII of the
Social Security Act shall contain, in addition to what is required under Rule 8(a) of the
Federal Rules of Civil Procedure, the following information: (1) a statement that the action
is brought under 42 U.S.C. § 405(g)the type of benefit claimed, for example, disability,
retirement, survivor, health insurance, supplemental security income; (2) the identification
of the final decision to be reviewed, including any identifying designation provided by the
Commissioner with the final decision; (3) the name, as well as the county of residence, of
the person for whom benefits are claimed; (4) in cases involving claims for retirement,
survivors, disability, or health insurance, the last four digits of the social security number
of the worker (who may or may not be the plaintiff) on whose wage record the application
for benefits was filed; and (35) in cases involving claims for supplemental security income
benefits, the social security number of the plaintiff; and (6) the type of benefits claimed.
(a) Electronic service – The Clerk of Court shall, within seven days of the filing Formatted: Underline
of the complaint, notify the Commissioner of the commencement of the action by
transmitting a Notice of Electronic Filing to the appropriate office within the Social Security
Administration’s Office of General Counsel and the United States Attorney for the district
where the action is filed.
(b) Other service – If the complaint was not filed electronically, the Clerk of
Court shall, within seven days of the filing of the complaint, notify the plaintiff of the
transmission.
(c) Service of summons and complaint – The plaintiff need not serve a Formatted: Underline
summons and complaint under Federal Rules of Civil Procedure 4.
8.2 Answers and replies – Except in Social Security cases as provided in LCivR 8.3
and cases brought by a plaintiff, a responsive pleading under Rule 8(b) of the Federal
Rules of Civil Procedure shall recite verbatim that paragraph of the pleading, or amended
pleading, to which it is responsive, followed by the response. Upon request, an attorney
must provide to opposing counsel a copy of the complaint or other pleading to which a
response is due, in native word processing format, so that opposing counsel may comply
with this rule.
8.3 Answers in Social Security cases – In all Social Security cases filed under 42 Formatted: Space After: 12 pt
U.S.C. §§ 405(g) and 1383(c)(3), defendant shall have sixty (60) days after notification of
the commencement of the actionservice of the complaint to file and serve upon plaintiff a
certified copy of the administrative record of the proceedings, which shall constitute
defendant’s answer, or otherwise move against the complaint. No separate answer need
be filed. Unless the court sets a different time, serving a motion under Federal Rules of
Civil Procedure 12 alters the time to answer as provided by Federal Rules of Civil
Procedure 12(a)(4).
8.4 Presenting an action for decision – An action under § 405 is presented for decision
by the parties’ briefs. A brief must support assertions of fact by citations to particular parts
of the record by PageID, in accordance with LCivR 10.9.
(a) Plaintiff’s Brief – The Plaintiff shall file and serve on the Commissioner a
brief for the requested relief within thirty (30) days after the answer is filed or thirty (30)
days after entry of an order disposing of the last remaining motion filed under Federal
Rules of Civil Procedure 12, whichever is later.
(b) Commissioner’s Brief – The Commissioner shall file a brief and serve it on
the plaintiff within thirty (30) days after service of the plaintiff’s brief.
(c) Reply Brief – The plaintiff may file a reply brief and serve it on the Formatted: Space After: 12 pt
Commissioner within fourteen (14) days after service of the Commissioner’s brief.
