2024 COMMITTEE NOTE
New Local Rule 87.1 has been added to supplement proposed new Fed. R. Civ. P. 87,
which permits the Judicial Conference to declare a Rules Emergency.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
COMMITTEE NOTES: LOCAL SOCIAL SECURITY RULES
Local Social Security Rule 1.1. Application of Rules
2025 COMMITTEE NOTE
Effective December 1, 2022, there are Supplemental Social Security Rules that govern
reviews of § 405(g) decisions. These Local Social Security Rules codify and expand
upon existing district-wide orders (EDNY Administrative Order No. 2023-19; SDNY
Standing Order No. M10-468), put in place to govern cases filed pursuant to the
Supplemental Social Security Rules. The Local Social Security Rules apply only to
actions filed on or after January 2, 2025; actions filed before that date remain subject to
the relevant district-wide order.
Local Social Security Rule 4.1. Motions for Extensions of Time and Scheduling
Orders
2025 COMMITTEE NOTE
Prior to the enactment of the Supplemental Social Security Rules, both districts
provided the plaintiff with 60 days after the filing of the certified transcript of the
administrative proceedings to file an opening brief, with the Commissioner’s brief due
60 days thereafter, and any reply due 21 days later. (SDNY Standing Order No. M10-
468; EDNY Administrative Order 2015-05.) The Supplemental Social Security Rules had
the effect of displacing these existing district-wide Orders, and shortening the long-
established timeframes to 30 days for opening or opposition briefs and 21 days for reply
briefs. In light of the history of longer deadlines, and the expectation that the parties
will frequently seek extensions of the default deadlines in the Supplemental Social
Security Rules, this Local Social Security Rule establishes a process for seeking such
extensions.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
Local Social Security Rule 5.1. Default Form and Length for Briefs
2025 COMMITTEE NOTE
The Supplemental Rules for Social Security Actions do not specify the form or length
limits for the parties’ briefs. To promote uniformity, and in recognition that each action
governed by the Supplemental Rules is essentially appellate in character, seeking
review of a single individual’s claims on a single administrative record, this Local Social
Security Rule incorporates the form requirements set forth in Local Civil Rule 7.1(b) and
establishes default length limits for the briefs. The rule provides page limits if a party is
not represented by an attorney and the brief is handwritten or prepared with a
typewriter because a word limit for such submissions would be impracticable.
Local Social Security Rule 7.1. Obligations of Commissioner in Pro Se Cases
2025 COMMITTEE NOTE
Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff
proceeding pro se fails to file an opening brief as required by Supplemental Social
Security Rule 6. In order to ensure that the court has the benefit of at least one party's
analysis, the Commissioner is still obligated to file a brief, with the deadline that would
have been in place—unless extended—had plaintiff filed an opening brief. The Local
Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may
still oppose the relief sought by the Commissioner (in the form of an opposition brief),
but neither side may file a reply brief in such circumstances, absent leave of court. The
default word limits in Local Social Security Rule 5.1 apply to any submission under this
rule.
Local Social Security Rule 8.1. Opposition and Reply Briefs in Pro Se Cases
2025 COMMITTEE NOTE
Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff
proceeding pro se fails to file an opening brief as required by Supplemental Social
Security Rule 6. In order to ensure that the court has the benefit of at least one party's
analysis, the Commissioner is still obligated to file a brief, with the deadline that would
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
have been in place—unless extended—had plaintiff filed an opening brief. The Local
Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may
still oppose the relief sought by the Commissioner (in the form of an opposition brief),
but neither side may file a reply brief in such circumstances, absent leave of court. The
default word limits in Local Social Security Rule 5.1 apply to any submission under this
rule.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
COMMITTEE NOTES: LOCAL CRIMINAL RULES
