UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
SOCIAL SECURITY PLAN
Effective January 1, 2021
I. INTRODUCTION
Since 2014, the Western District of New York (“the District”)
has experienced an unprecedented and dramatic increase in the
annual number of Social Security appeals filed. The historical
annual average of Social Security appeals filed in the District
has increased sixfold since then. No other district in the nation
has been impacted as greatly as this District.
In order to proactively address the increase in the number of
Social Security appeals filed in the District, and to ensure their
timely and efficient resolution, the Court investigated the issue
and prepared a “Report on the Crisis Caused by the Dramatic
Increase in Social Security Appeals” dated April 16, 2018. On
April 25, 2018, the judges of the United States District Court for
the Western District of New York (the “Court”) unanimously adopted
the Report’s recommendations and they went into effect on July 1,
2018.
Since that time, the recommendations implemented by the
Court, with additional enhancements, have proven useful in
addressing the Court’s caseload of Social Security appeals. The
Social Security Plan (the “Plan”) memorializes the Court’s
procedure for managing its pending Social Security appeals.
II. SCOPE
The Plan applies to civil actions commenced under the Social
Security Act (the “Act”) by an individual seeking federal court
review of a final administrative decision of the Commissioner of
Social Security (the “Commissioner”) pursuant to 42 U.S.C. § 405(g)
and under other sections of the Act that incorporate the judicial
review procedures of 42 U.S.C. § 405(g) by reference. The Plan
does not apply to any other action, such as actions that include
claims against the Commissioner in addition to, or other than,
those brought pursuant to 42 U.S.C. § 405(g), actions that include
multiple plaintiffs or a class action, or actions that are brought
against a party other than the Commissioner.
III. OVERVIEW
In order to ensure the timely and efficient resolution of all
pending Social Security appeals, the following measures have been
implemented:
A. Unassigned Social Security Pool. A single district-wide
pool of unassigned Social Security appeals has been
created in the District. All Social Security appeals
filed in the District are placed into the pool upon
filing.
B. Case Assignments.
1. Social Security appeals are periodically assigned
from the pool to all District and Magistrate
Judges, including active and senior/recall Judges,
regardless of whether the appeal was filed in the
Buffalo or Rochester courthouse.
2. Social Security appeals are no longer referred from
District Judges to Magistrate Judges.
3. To allow for an efficient distribution of Social
Security appeals among the District and Magistrate
Judges and to facilitate the prompt resolution of
these cases, the Commissioner and counsel for a
majority of the Social Security plaintiffs in the
District have each executed a Memorandum of
Understanding (“MOU”), pursuant to which counsel
and the Commissioner, on behalf of their respective
clients, have agreed to consent to the jurisdiction
of a Magistrate Judge in any Social Security appeal
filed pursuant to 42 U.S.C. § 405(g).
4. In any case where counsel for all parties have each
executed a MOU, the consent of the parties is
approved without further Court Order upon the
assignment or reassignment to a Magistrate Judge.
5. Any case not subject to a MOU is assigned to a
District Judge, unless a unanimous consent to the
jurisdiction of a Magistrate Judge has been filed.
6. Social Security appeals are distributed based upon
the number of law clerks assigned to each District
Judge and Magistrate Judge. Recall Magistrate
Judges are assigned Social Security appeals
consistent with their recall mandate.
C. Additional Resources. The Court will utilize available
programs provided by the Federal Judiciary, including,
but not limited to, the appointment of recall Magistrate
Judges, or national law clerk resources, to assist with
the District’s Social Security caseload.
IV. PLAN ADMINISTRATION
A. Staffing. The District’s Social Security Administrative
Attorney will coordinate the implementation of the Plan.
B. Social Security Information and Guidelines. Information
about the Plan and the Court’s Local Rules related to
procedures in Social Security appeals is available at
http://www.nywd.uscourts.gov/ and at the Clerk’s Office
of the Court.
C. Reporting. Periodically and at the request of the Chief
Judge, the Social Security Administrative Attorney shall
provide statistical reporting on the status and progress
of the Plan.
D. Plan Review. The Social Security Administrative
Attorney shall provide an annual review of the Plan and,
if necessary, recommend modifications to the Plan for
consideration by the judges of the District. At the
discretion of the Chief Judge, a committee may be formed
with members of the bar and/or public to evaluate the
Plan.
E. All inquiries about the Plan should be directed to:
Social Security Administrative Attorney
U.S. District Court
100 State Street
Rochester, New York 14614
Telephone: (585)613-4027
E-mail:
[email protected]