(a) This Rule shall apply to any action under 42 U.S.C. § 405(g) for review on the
record of a final decision of the Commissioner of Social Security that presents only an individual
claim.
(b) If the plaintiff files a motion to proceed without having to prepay the costs
associated with prosecuting the action, the Clerk will notify the Commissioner of the
commencement of the action in accordance with Rule 3 of the Supplemental Rules for Social
Security Actions under 42 U.S.C. § 405(g) only upon the Court’s granting of such motion or the
payment of the required filing fee.
(c) The plaintiff must file a brief on or before the date to be set in the Social Security
Scheduling Order entered in the case.
(d) The plaintiff’s brief must provide the following information and be organized as
follows:
(1) Statement of Facts. The first section of the brief must, in no more than
five pages, provide the following information: the medical condition(s) causing the claimed
disability; the alleged onset date for the claimed disability; the name and specialty of the plaintiff’s
treating physician(s) and citations to the record pages of relevant evidence from such treating
physician(s); the plaintiff’s date of application for benefits; the specific type of benefits sought
(e.g., Title II, Title XVI, Childhood); the date the plaintiff was last insured (if applicable); the
plaintiff’s age, level of education, and work history; the step of the sequential evaluation process
at which the ALJ denied the claim(s); citations to the record pages where the alleged errors of the
ALJ are to be found; the identity of the physician where the plaintiff contends that the ALJ failed
to give proper weight to such physician’s opinion, identifying that physician’s specialty and
whether such physician was a treating, consulting, or reviewing physician, and providing citation
to the record pages where such opinion is set forth; and the specific relief requested.
(2) Procedural History. The second section of the brief must briefly set forth
the case’s procedural history.
(3) Standard of Review and Relevant Law. The third section of the brief
must set forth the standard of review and federal statutes, regulations, and case law relevant to the
issues presented for review.
(4) Issues Presented. The fourth section of the brief must succinctly list the
issues presented for review, separately identifying and enumerating each alleged error of the
ALJ.
(5) Argument. The fifth section of the brief must set forth the plaintiff’s
arguments in separate subsections that address each issue and alleged error presented for review.
(6) Conclusion and Relief Requested. The final section of the brief must set
forth a brief conclusion and a statement of the specific relief requested.
(e) The Commissioner must file a brief on or before the date set by the Social Security
Scheduling Order entered in the case.
(f) The Commissioner’s brief must provide the following information and be
organized as follows:
(1) Statement of Facts. The first section of the brief must, in no more than
five pages, state the relevant facts of the case and summarize why the plaintiff’s appeal should be
denied or otherwise summarize how the Commissioner applied the correct legal standards and
how substantial evidence supports the Commissioner’s decision.
(2) Procedural History. The second section of the brief must briefly set forth
the case’s procedural history.
(3) Standard of Review and Relevant Law. The third section of the brief
must set forth the standard of review and federal statutes, regulations, and case law relevant to the
issues presented for review.
(4) Argument. The fourth section of the brief must, seriatim, address the
separate issues and arguments advanced by the plaintiff.
(5) Conclusion and Relief Requested. The final section of the brief must set
forth a brief conclusion and statement of the specific relief requested.
(g) The plaintiff shall be permitted one Reply brief to be filed fourteen (14) calendar
days after the Commissioner has submitted its brief. Such Reply shall be limited to five pages
and may only address issues raised for the first time in the Commissioner’s brief.
(h) The matter shall be decided on the parties’ briefs and review of the Administrative
Record. Oral arguments are not anticipated or allowed unless otherwise ordered by the Court.
(i) If not specifically covered by this Rule, all briefs must comply with this Court’s
Local Rules, including, but not limited to, the font size and page limitations in LCvR 7.1(d).
Advisory Committee Notes
This new Rule incorporates the interim rules governing Social Security cases put in place
by way of a Standing Order, 3:13mc198. That Standing Order, in turn, was prompted by concern
from the Civil Division of the USAO as to lack of uniformity in appeals, making it difficult for
SAUSAs to discern the issues raised on appeal by claimants. In reducing the Standing Order to a
Local Rule, the Local Rules Subcommittee has been faithful to the substance of the original order,
but has attempted to restyle the language to make the Rules more easily understood by attorneys.
The language has been further edited to make style and terminology consistent throughout the
Rules.
2022 Note: This Rule has been amended to conform to the language of the Supplemental
Rules for Social Security Actions under 42 U.S.C. § 405(g), which became effective December 1,
2022.
