(a) Applicability. This rule applies to actions for judicial review that are
filed by a single plaintiff, solely against the Commissioner of Social Security, and
that raise claims pursuant to 42 U.S.C. § 405(g) and/or § 1383(c)(3) only.
(b) Initial Process. When a complaint that falls within the scope of the
local rule is docketed by the District Court Clerk’s Office, the Court shall issue a
Notice of Electronic Filing (NEF) using the Case Management and Electronic Filing
(CM/ECF) system, notifying only the complainant, the appropriate Regional Social
Security Administration Office of General Counsel and the United States Attorney’s
Office of the case. No summonses shall issue.
(c) Inclusion of Social Security Number in Complaint. All complaints
filed pursuant to this rule shall, in accordance with LR 9.1, state the last four digits
of Plaintiff’s Social Security number. In addition, upon filing the complaint, the full
Social Security number of the claimant, or the worker on whose wage record the
application for benefits was filed, shall be provided in a written disclosure statement
to the United States Attorney’s Office via electronic mail at
[email protected] and
[email protected]. Notice of this
disclosure shall be filed with the Court and may be made by separate filing or
included as an allegation in the complaint. If the plaintiff’s application for Social
Security benefits was filed on another person’s wage-record, that person’s Social
Security number shall also be included in the complaint.
(d) Response to Complaint. The certified administrative record filed by
the Social Security Administration shall suffice as the agency’s answer to the
complaint, and shall be due sixty (60) days after notice of the complaint is sent by
CM/ECF pursuant to section (b) above, unless a motion to dismiss is filed.
(e) Merits Briefing. The parties shall adhere to the following briefing
schedule with respect to the merits of the case:
(1) Plaintiff’s merits brief is due within 45 days of the filing of the
administrative record.
(2) The Social Security Administration’s opposition is due 45 days
after Plaintiff’s brief is filed.
(3) Plaintiff’s reply brief, if any, is due 14 days after defendant’s
brief is filed. No other briefs or motions are required to be filed for the Court
to dispose of the case on its merits.
(4) The brief for plaintiff shall not exceed twenty-five (25) pages.
The brief for defendant shall not exceed twenty-five (25) pages. The reply
brief shall not exceed ten (10) pages.
(5) All briefing must include references to the administrative record.
However, the parties’ briefs need not include a separately delineated
statement of facts, unless otherwise ordered by the Court.
(f) Oral Argument. There will be no oral argument in cases that fall within
the scope of this rule unless otherwise ordered by the Court.
(g) Other Motions. This rule is not intended to prevent parties from making
any other motions that are appropriate under the Federal Rules of Civil Procedure.
(h) Entry of Judgment. The Court will enter judgment, in a separate
document or docket entry, concurrent with entry of its final order in a case.
(i) Report and Recommendations.
(1) In any case assigned to a Magistrate Judge pursuant to Local Rule
72.2(b)(1), the Magistrate Judge should issue a Report and Recommendation
within 285 days after the filing of the certified administrative record.
(2) The District Judge assigned to the case should adopt, modify, or
overrule the Report and Recommendation of the Magistrate Judge within
105 days of its issuance.
(3) Whenever possible, a quicker resolution is encouraged in order to
provide faster relief to the parties and to avoid rendering the case reportable under
the Guide to Judiciary Policy Vol. 18, Statistics, Ch. 5, § 540.50
(j) Magistrate Consent Cases. In any case where the parties have consented
to have a Magistrate Judge decide the case, the Magistrate Judge should issue an
opinion deciding the case within 285 days after the filing of the certified administrative
record.
Last revised 4/15/25. See Historical Notes for full revision history.
