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 or for Other Relief and a supporting memorandum.

(c) Within fourteen (14) days after plaintiff’s Motion For Order Reversing Decision of the commissioner is filed, the defendant shall serve on the plaintiff a Proposed Joint Statement of Facts. This Statement shall be in narrative form, contain record citations, describe all facts pertinent to the decision of the case and all significant procedural developments, and define all medical terms.

(d) The plaintiff shall inform the defendant within fourteen (14) days thereafter of any proposed additions or deletions to the joint statement. If the parties are unable to agree on a proposed fact to be included in the joint statement, the parties shall attach a list of disputed facts to the joint statement identifying the party who proposes inclusion of each disputed fact and the record support for each proposed inclusion.

(e) Within thirty (30) days after the plaintiff's Motion for Order Reversing Decision is filed, the defendant shall serve and file the revised Joint Statement of Material Facts, a Motion for Order Affirming Decision of the Commissioner or for Other Relief, and a supporting memorandum.  The motion and memorandum shall respond to the specific issues raised in the plaintiff's motion.  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.

(§ (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)