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UNITED STATES DISTRICT COURT
9 FOR THE WESTERN DISTRICT OF WASHINGTON
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IN RE:
11 AMENDED GENERAL ORDER 04-15 RE:
ACTIONS SEEKING REVIEW OF THE PILOT PROGRAM FOR ELECTRONIC
12 COMMISSIONER OF SOCIAL SERVICE IN SOCIAL SECURITY CASES
13 SECURITY’S FINAL DECISION
DENYING AN APPLICATION FOR
14 BENEFITS
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17 A significant number of cases are filed in this District seeking review of the Commissioner of
18 Social Security (“Commissioner”)’s decision denying an application for benefits. The Court and the
19 United States Attorney’s Office for the Western District of Washington (“USAO-WDWA”) share an
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interest in facilitating the efficient resolution of these complaints. To this end, on June 1, 2015, the
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Court issued General Order 04-15 initiating a one-year Pilot Program for Electronic Service in Social
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Security Cases (“Pilot Program”). In 2016, and again in 2018, the USAO-WAWD agreed to extend
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the terms of the Pilot Program set forth in General Order 04-15 for additional two-year periods. The
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25 Pilot Program is an on-going success. The USAO-WAWD has again agreed to an extension of two
26 years as set forth in General Order 04-15.
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1 ACCORDINGLY, THE COURT AMENDS GENERAL ORDER 04-15 AND HEREBY
2 ORDERS:
3 (1) The Pilot Program initiated in General Order 04-15 shall remain in effect through
4 June 1, 2022. During this period, the USAO-WDWA may unilaterally modify or
5 terminate the Pilot Program.
6 (2) The Pilot Program shall apply only to complaints instituted by a plaintiff against the
7 Commissioner to which the only claim that is being brought is pursuant to 42 U.S.C.
8 § 405(g). It shall not apply to any other complaint. In particular, the Pilot Program
9 does not apply to (a) complaints that include claims against the Commissioner in
10 addition to, or other than, those brought pursuant to 42 U.S.C. § 405(g); or (b)
11 complaints that include defendants other than the Commissioner.
12 (3) Plaintiffs who wish to avail themselves of the Pilot Program for electronic service
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14 A. Provide the USAO-WDWA with a copy of the summons and complaint by email to
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[email protected];
16 B. Provide the USAO-WDWA with the identifying information set forth in General
17 Order 05-15 by email to the same email address; and
18 C. File a Certificate of Service through the Court’s Electronic Court Filing (“ECF”)
19 system indicating when the summons and complaint and identifying information
20 were sent to the USAO-WDWA’s email address above.
21 (4) Service of a summons and complaint under this Pilot Program will be considered
22 complete only when all three steps in paragraph 3 above have been completed.
23 (5) If a plaintiff chooses to avail himself or herself of this Pilot Program and effectuates
24 service in accordance with this Amended General Order, the government agrees not
25 to raise insufficient service as a defense in its answer or other response to the
26 complaint. However, nothing in this Amended General Order or the Pilot Program
27 on electronic service shall be deemed to be a waiver of service pursuant to Federal
28 Rule of Civil Procedure 4(d).
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1 (6) This Amended General Order is effective June 1, 2020, and shall remain in effect
2 through June 1, 2022. However, upon one month’s notice, the USAO-WDWA may
3 unilaterally modify or terminate the Pilot Program.
4 (7) The Court reserves the right to rescind this Amended General Order entirely as the
5 Court determines necessary in light of experience.
6 (8) The Clerk shall post a copy of this Amended General Order on the Court’s website,
7 and shall distribute copies as the Clerk deems appropriate.
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9 Dated this 2nd day of July, 2020.
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RICARDO S. MARTINEZ
14 CHIEF UNITED STATES DISTRICT JUDGE
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