9.1 Social Security Cases

The following procedures shall govern all actions challenging a final decision of the Commissioner of the Social Security Administration filed pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

(a) The defendant shall serve and file its answer, together with a certified copy of the administrative record, within sixty (60) days after service on the Commissioner. If a closed case is reopened, the defendant shall serve and file a certified copy of the administrative record within sixty (60) days after the order reopening the case is issued.

(b) Within thirty (30) days after the administrative record is filed, the plaintiff shall serve and file a Motion for Order Reversing Decision of the Commissioner. The motion shall be accompanied by a (1) statement of material facts not to exceed 15 pages; and (2) memorandum of law not to exceed 25 pages. Each fact identified in the statement of facts and memorandum shall be supported by citation to the page(s) in the administrative record where evidence supporting that fact is located.  

(c) Within thirty (30) days after the plaintiff's Motion for Order Reversing Decision is filed, the defendant shall serve and file a Motion for Order Affirming Decision of Commissioner or for Other Relief. The motion shall be accompanied by a memorandum of law not to exceed 25 pages, which shall respond to the specific issues raised in the plaintiff's motion. The defendant's motion may be accompanied by a statement of facts only to the extent the defedant determines material facts were omitted from the plaintiff's statement and it shall not exceed 15 pages. Each fact identified in the statement of facts and memorandum shall be supported by citation to the page(s) in the administrative record where evidence supporting that fact is located.

(d) The plaintiff may file a reply memorandum pursuant to LR 7.1(e)(1).  Neither party shall otherwise be required to file an objection to the other party's motion.

(e)  "Material facts" shall be limited to only those facts that are material to one or more issues presented in the motions. All references to material facts shall be supported by specific and accurate citations to the page(s) in the administrative record where such facts can be located.

(f)  Motions to strike all or any portion of a statement of material facts are not permitted.

(§ (a) amended 1/1/05; § (c) amended 12/1/09; § (d) amended 12/1/11; § (b) amended, § (c) added, former §§ (c) and (d) relettered, 12/1/13; §§ (b), (c), (d) and (e) amended and § (f) added, 5/7/18)