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