The following procedures shall govern all actions challenging a final decision of the
Commissioner of the Social Security Administration filed pursuant to § 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).
(a) To allow the Social Security Administration to promptly identify and collect the
administrative record relating to the claim, when the complaint is filed, the plaintiff shall
separately provide the United States Attorney’s Office with the claimant’s full social security
number. This information should not be filed with the court.
(b) The government shall serve and file a certified copy of the administrative record within
sixty (60) days after service on the Commissioner, which shall be deemed an answer and
general denial for the purposes of the Federal Rules of Civil Procedure. No separate answer
need be filed. If a closed case is reopened, the government shall serve and file a certified
copy of the administrative record within sixty (60) days after the order reopening the case is
issued.
(c) Within thirty (30) days after the administrative record is filed, the plaintiff shall serve
and file a Motion for Order Reversing Decision of the Commissioner. The motion shall be
accompanied by a (1) statement of material facts not to exceed 15 pages; and (2)
memorandum of law not to exceed 25 pages. Each fact identified in the statement of facts and
memorandum shall be supported by citation to the page(s) in the administrative record where
evidence supporting that fact is located.
(d) Within thirty (30) days after the plaintiff’s Motion for Order Reversing Decision is
filed, the government shall serve and file a Motion for Order Affirming Decision of the
Commissioner or for Other Relief. The motion shall be accompanied by a memorandum of
law not to exceed 25 pages, which shall respond to the specific issues raised in the plaintiff’s
motion. The government’s motion may be accompanied by a statement of facts only to the
extent the government determines material facts were omitted from the plaintiff’s statement
and it shall not exceed 15 pages. Each fact identified in the statement of facts and
memorandum shall be supported by citation to the page(s) in the administrative record where
evidence supporting that fact is located.
(e) Within fourteen (14) days of the filing of the government’s Motion for Order Affirming
Decision of Commissioner, the plaintiff may file a response not to exceed ten (10) pages.
Further filings are not encouraged and should be submitted only in exceptional circumstances.
(f) “Material facts” shall be limited to only those facts that are material to one or more
issues presented in the motions. All references to material facts shall be supported by specific
and accurate citations to the page(s) in the administrative record where such facts are located.
(g) Motions to strike all or any portion of a statement of material facts are not permitted.
(§ (a) amended 1/1/05; § (c) amended 12/1/09; § (d) amended 12/1/11; § (b) amended, § (c)
added, former §§ (c) and (d) relettered, 12/1/13; § (b) amended, former §§ (c) through (e)
omitted, new §§ (c) through (f) added 5/7/18; § (d) amended 12/1/18; new §§ (a)(1) and (a)(2)
added, §§ (b), (d), and (e) amended, former §§ (a) through (f) relettered 12/1/19; § (e) amended
12/1/21; § (a)(1) omitted, § (a)(2) relettered, § (e) amended 12/1/22).
