FILED
January 30, 2023
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
UNITED STATES DISTRICT COURT Michael Trujillo
BY: ________________________________
WESTERN DISTRICT OF TEXAS DEPUTY
EL PASO DIVISION
§
THE HONORABLE ANNE T. BERTON § ALL SOCIAL SECURITY APPEALS
§
STANDING ORDER REGARDING SOCIAL SECURITY APPEALS
This Standing Order is to inform counsel and parties of the courtroom practices and
procedures before the undersigned in all social security appeals brought pursuant to 42 U.S.C.
§ 405(g) for review on the record of a final decision of the Commissioner of Social Security
Administration that presents only an individual claim. Counsel and parties should carefully
REVIEW and must COMPLY with the following:
1. The Commissioner’s Deadline to Answer
The Commissioner’s deadline to serve and file an answer or a Federal Rule of Civil
Procedure 12 motion as provided under Rule 4 of the Supplemental Rules of Social Security
Actions of the Federal Rules of Civil Procedure (hereinafter, the Supplemental Rules) IS
TRIGGERED by a Notice of Electronic Filing that (a) is sent by the Court or its Clerk’s Office
to the appropriate office within the Administration’s Office of General Counsel and to the United
States Attorney for this District and (b) substantially states, “The Commissioner’s Answer is
due within 60 days of the date of this Notice of Electronic Filing.”
Note
In an action where a plaintiff files an application to proceed in forma pauperis or otherwise fails to
submit the requisite filing fee when the appeal is initially filed, the Court must address the application and
the plaintiff must make payment, if any determined by the Court—before a Notice of Electronic Filing
(NEF) as described above is sent. In such a case in particular and in all other cases, other NEFs may be
sent, at the time of the initial filing of an appeal or thereafter, that do not substantially state, “The
Commissioner’s Answer is due within 60 days of the date of this Notice of Electronic Filing,” and therefore,
they do not trigger the Commissioner’s deadline under Rule 4 of the Supplemental Rules.
2. Briefing Schedule
The deadlines for the plaintiff’s opening brief, the Commissioner’s response in
opposition, and the plaintiff’s reply brief are governed respectively by Rules 6, 7, and 8 of the
Supplemental Rules. Absent leave of court, no further briefs are allowed.
3. Additional Requirements for the Plaintiff’s Opening Brief
The plaintiff’s opening brief must contain:
(a) A statement of the case. This statement must briefly describe the procedural
history, including any disposition, at the administrative level and must set forth a
concise statement of the case setting out the facts relevant to the issues submitted
for review. Each statement of fact shall be supported by reference to the page in
the record where the evidence may be found.
(b) A statement of the issues for review. This statement should include a list of
specific errors which the plaintiff claims were committed by the Administrative
Law Judge or the Appeals Council.
(c) A Summary of Arguments. The summary must contain a succinct, clear, and
accurate statement of the arguments made in the body of the brief, and which
must not merely repeat the argument headings.
(d) Arguments. This section of the brief must contain the plaintiff’s contentions and
the reasons for them, with citations to the authorities and parts of the record on
which the plaintiff relies.
So ORDERED and SIGNED this 30th day of January 2023.
____________________________________
ANNE T. BERTON
UNITED STATES MAGISTRATE JUDGE
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