Stancil v. Commissioner of Social Security
Filing
6
Pro Se Informational ORDER signed by Magistrate Judge Gary S. Austin on 6/14/2011. (Bradley, A)
<![CDATA[
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
HUGH E. STANCIL,
11
12
13
14
15
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL ASTRUE, Commissioner of
)
Social Security,
)
)
Defendant.
)
_____________________________________ )
1:11-cv-000922 GSA
PRO SE INFORMATIONAL ORDER
16
17
18
Plaintiff is proceeding pro se in an action seeking judicial review of an administrative
19
decision of the Commissioner of Social Security that denied, in whole or in part, plaintiff’s claim
20
for benefits under the Social Security Act.
21
This order provides the following helpful information, and basically serves as a
22
step-by-step guide, for pro se litigants. It is strongly suggested that plaintiff read and re-
23
read this order and keep it readily available for future reference.
24
25
26
I.
Service of the Complaint
As is outlined in the Scheduling Order issued in this case, except when other
provisions are made pursuant to an application to proceed in forma pauperis, plaintiff shall serve
27
28
1
1
a copy of the (1) summons, (2) complaint, (3) notice of availability of a Magistrate Judge and the
2
form of consent/ decline to jurisdiction of United States Magistrate Judge (See Local Rule
3
305(a)), and (4) the Scheduling Order, within twenty (20) days of plaintiff filing the complaint.
4
If plaintiff is proceeding in forma pauperis, the United States Marshal usually
5
serves the complaint. However, if plaintiff is not proceeding in forma pauperis, then plaintiff or
6
legal counsel is responsible for service and then filing a proof of service without delay. See
7
Local Rule 210.
8
9
Lawsuits for review of administrative decisions made by the Commissioner of
Social Security are prosecuted against the Commissioner of Social Security. Fed.R.Civ.P. 4(i)(2)
10
and (3) provides, in substance, that to serve the Commissioner in his official capacity, the party
11
must serve (1) the United States, and (2) the Commissioner.
12
To serve the United States, a party must:
13
(1)
deliver a copy of the summons and complaint to the United States
14
Attorney for the district where the action is brought, or to an Assistant United States Attorney or
15
clerical employee whom the United States Attorney designates in a writing filed with the Court;
16
or, send a copy of the summons and complaint, by certified mail only, to the Civil Process Clerk
17
at the United States Attorney’s Office; and,
18
19
20
(2)
send a copy of the summons and complaint, by certified mail only, to the
Attorney General of the United States in Washington, D.C.; and,
(3)
send a copy of the summons and complaint, by certified mail only, to the
21
Commissioner (the officer of the United States whose order is challenged by the lawsuit) in San
22
Francisco, California. Fed.R.Civ.P. 4(i)(1)-(3).
23
24
25
26
Initial service of process is thus sufficient if plaintiff serves, by certified mail only,
copies of the summons and complaint on:
Office of the United States Attorney
Civil Process Clerk
2500 Tulare Street, Suite 4401
Fresno, CA 93721
27
28
2
1
Office of the Attorney General of the United States
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
2
3
Office of the General Counsel
Social Security Administration
333 Market Street, Suite 1500
San Francisco, CA 94105
4
5
6
after which a proof of service must be filed with the Court without delay pursuant to Local Rule
7
210. If plaintiff is proceeding in forma pauperis, the United States Marshal generally completes
8
the proof of service and files it with the Court; however, if plaintiff is not proceeding in forma
9
pauperis, it is plaintiff’s duty to promptly file a proof of service with the Court.
10
11
II.
Attempt at Informal Resolution of the Case
Pursuant to the Scheduling Order, within one hundred twenty (120) days after
12
service of the complaint, defendant is required to serve a copy of the administrative record on
13
plaintiff and also file the administrative record with the Court, which serves as the answer to the
14
complaint in this proceeding.
15
Once the administrative record has been filed, the parties must try to resolve the
16
case informally. In this process, the parties must exchange informal briefs in the form of letters
17
about the case to see if they can agree that the case should be sent back, or “remanded,” to the
18
Social Security Administration for a further hearing by an administrative law judge.
19
In the letter brief, plaintiff must briefly set forth (1) the issues in the case, (2) the
20
reasons why plaintiff thinks that plaintiff is entitled to Social Security benefits, and (3) why the
21
decision to deny benefits should be remanded.
22
The letter brief must be marked “Confidential Letter Brief”, should not be filed
23
with the Court, and must be served on defendant within thirty (30) days from the date
24
defendant served plaintiff with the administrative record, by mailing copies to all the
25
attorneys listed on the court docket as representing defendant, Commissioner of Social
26
Security, at the addresses noted on the court docket.
27
28
3
1
The name of the attorney or attorneys representing defendant are added to the
2
court docket at the time the Court receives defendant’s response to the complaint which, again,
3
usually consists of the administrative record. Sometimes the court docket lists not only an
4
attorney at the office of the General Counsel of the Social Security Administration in San
5
Francisco, California, but also an attorney at the United States Attorney’s Office in Fresno,
6
California; in these particular cases, it will then be necessary for plaintiff to mail copies of the
7
confidential letter brief to more than one attorney for defendant.
Defendant’s confidential letter brief must be served on plaintiff no later than
8
9
thirty-five (35) days after defendant is served with plaintiff’s confidential letter brief.
10
If the parties agree to a remand, then the case will go back to the Social Security
11
Administration before any formal briefs are filed with the Court, and without the Court ever
12
considering the merits of the case. The parties’ agreement to remand the case must be set forth in
13
writing in a document titled “Stipulation and Order,” which must be signed and filed with the
14
Court no later than fifteen (15) days after defendant served its confidential letter brief on
15
plaintiff. See Local Rule 143(a)(1) & (b).
16
The informal letter briefs exchanged by the parties are confidential in the sense
17
that they are not filed with the Court. If the parties are unable to agree to a remand, the letters are
18
not part of the case file and, thus, are not before the Court if and when the Court finally considers
19
the case on the merits.
20
21
III.
Briefs
If, after exchanging confidential letter briefs, the parties are unable to agree to a
22
remand of the case, then the parties must file formal briefs with the Court as directed in the
23
Scheduling Order. It is only after the formal briefs are filed with the Court that the Court will
24
consider the merits of the case and make a decision.
25
26
27
28
4
1
A.
Plaintiff’s Opening Brief
2
Plaintiff’s opening brief must be filed and served no later than thirty (30)
3
days from the date defendant’s informal letter brief was served on plaintiff. Plaintiff must serve
4
a copy of the opening brief on all the attorneys listed for defendant on the court docket of the
5
case at the addresses noted on the court docket.
Plaintiff must also file the original opening brief, together with a copy,
6
7
with the Court, by either personal delivery or via U.S. mail to:
8
Office of the Clerk
United States District Court
Eastern District of California
2500 Tulare Street, Suite 1501
Fresno, CA 93721
9
10
11
Plaintiff’s opening brief must contain the following:
12
(1)
a plain description of plaintiff’s alleged physical or emotional
13
impairments, when plaintiff contends they became disabling, and how they disabled plaintiff
14
from work;
15
(2)
a summary of the administrative proceedings before the Social
16
Security Administration;
17
(3)
a summary of the relevant testimony at the administrative hearing;
18
(4)
a summary of all relevant medical evidence, including an
19
explanation of the significance of clinical and laboratory findings, and the purpose and effect of
20
prescribed medication and therapy;
21
22
23
(5)
a recitation of the Social Security Administration’s findings and
conclusions relevant to plaintiff’s claims;
(6)
a short, separate statement of each of plaintiff’s legal claims stated
24
in terms of the insufficiency of the evidence to support a particular finding of fact or reliance on
25
an erroneous legal standard; and,
26
(7)
argument separately addressing each claimed error.
27
28
5
All references to the administrative record and all assertions of fact must
1
2
be accompanied by citations to the administrative record. Argument in support of each claim of
3
error must be supported by citation to legal authority and explanation of the application of such
4
authority to the facts of the particular case. Briefs that do not substantially comply with these
5
requirements will be stricken. A document that is stricken becomes null and void and is not
6
considered by the Court for any purpose.
7
Plaintiff is further advised that failure to timely file an opening brief will
8
result in dismissal of the action.
9
B.
10
Defendant’s Brief
Pursuant to the Scheduling Order, defendant’s responsive brief is due filed
11
and served on plaintiff within thirty (30) days from the date of service of plaintiff’s opening
12
brief on defendant.
13
C.
Plaintiff’s Reply Brief
14
Plaintiff may file a reply brief, but is not required to do so, within fifteen
15
(15) days from the date defendant served its responsive brief on plaintiff. Plaintiff must serve a
16
copy of the reply brief on defendant by serving the United States Attorney for the Eastern District
17
of California at the address in Fresno, California, noted above. Plaintiff must also file the
18
original reply brief, together with a copy, with the Court at the Court’s address in Fresno,
19
California, noted above.
20
21
22
23
Plaintiff’s reply brief should respond to the arguments made in defendant’s
responsive brief.
IV.
Motion to Dismiss
In some cases, instead of serving and filing an administrative record, defendant
24
may file a motion to dismiss the case pursuant to Fed.R.Civ.P. 12., within one hundred twenty
25
(120) days from the date defendant is served with plaintiff’s complaint.
26
27
28
6
1
Plaintiff may oppose a motion to dismiss by filing and serving opposition to the
2
motion within fourteen (14) days from the date the motion to dismiss was served on plaintiff,
3
and should be titled “Opposition to Defendant’s Motion to Dismiss.” See Local Rule 230(c).
4
The Court will consider a motion to dismiss only after receiving opposition from
5
plaintiff, or after the time for filing opposition has passed. In ruling on a motion to dismiss the
6
case, the Court may either (1) deny the motion and proceed with the case, ordering the parties to
7
proceed to file the administrative record, attempt informal resolution, and file briefs; or, (2) grant
8
the motion to dismiss, and dismiss all or part of the case.
9
V.
10
The Court’s Decision on the Merits
The Court will consider the merits of the case only after all briefs have been filed,
11
and may enter a judgment affirming, modifying, or reversing the determination of the Social
12
Security Administration. The Court may or may not remand the case to the Social Security
13
Administration for a further hearing.
14
VI.
Summary of Deadline Calculations
15
See Section
16
I. above
17
See Section II.
18
above
19
See Section III. A.
20
above
21
See Section III. B.
22
above
23
24
Service
due 20 days after filing complaint
Administrative Record
due 120 days after service
Plaintiff’s Opening Brief
due 95 days after administrative record lodged with
court
Defendant’s Brief
due 30 days after plaintiff’s opening brief filed
See Section III. C.
Plaintiff’s Reply Brief -
due 15 days after defendant’s brief filed
above
optional
25
26
27
28
VII.
Rules for Litigating the Action
Plaintiff is informed of the following:
7
1
A.
In litigating this action, the parties must comply with the Federal Rules of
2
Civil Procedure (Fed.R.Civ.P.), and the Local Rules of the United States District Court, Eastern
3
District of California (“Local Rules”). A copy of the Local Rules may be obtained in the Clerk’s
4
Office at no charge.
5
Local Rule 206 is a special rule for Social Security actions. Specifically (a)(2)
6
and (3) generally states that complaints shall contain the last four digits of plaintiff’s Social
7
Security number only, i.e., XXX-XX-1234, and that plaintiff shall privately disclose to
8
defendant, within five (5) days after a request is made to plaintiff, the full Social Security
9
number of plaintiff. Therefore, plaintiff shall refrain from disclosing the entire Social Security
10
11
number on any filings.
FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES, OR
12
A COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL OR
13
OTHER APPROPRIATE SANCTIONS. See Local Rule 110; Fed.R.Civ.P. 41(b).
14
B.
Documents intended to be filed with the Court must be mailed to the Clerk
15
of the Court in Fresno, California, at the address noted above. See Local Rule 134(a). All
16
documents inappropriately mailed directly to a judge's chambers will be stricken from the record.
17
A document requesting a court order must be styled as a motion, not a letter. See Fed.R.Civ.P. 7.
18
C.
Each document submitted for filing must include the original signature of
19
the filing party or parties. Local Rule 131; Fed.R.Civ.P. 11(a). All documents submitted without
20
the required signature(s) will be stricken. Each separate document must be separately stapled.
21
See Local Rule 130. If a document is stapled behind another document, it will not be filed and
22
will not enter the court docket.
23
D.
All documents filed with the Court must be submitted with an additional
24
legible copy to be conformed for the Court's use. See Local Rule 133(d)(2). A document
25
submitted without an extra copy for the Court's use will be stricken. If the filing party wishes the
26
Court to return a file-stamped copy, an additional copy must be provided for that purpose (i.e., an
27
28
8
1
original and two copies, one for the Court's use and one to be returned to the filing party),
2
together with a self-addressed, stamped envelope. The Court cannot provide copy or mailing
3
service for a party, even for an indigent plaintiff proceeding in forma pauperis. Copies of
4
documents from the Court’s file may be obtained in the Clerk’s Office at the cost of fifty ($.50)
5
cents per page.
6
E.
After any defendant has appeared in an action by filing a pleading
7
responsive to the complaint (i.e., an answer or a motion to dismiss), all documents filed with the
8
Court must include a proof of service stating that a copy of the document was served on the
9
opposing party. See 28 U.S.C. § 1746; Fed.R.Civ.P. 5; Local Rule 135. A document submitted
10
without the required proof of service will be stricken. Where a party is represented by
11
counsel, service on the party's attorney of record constitutes effective service.
12
F.
A pro se party has an affirmative duty to keep the Court and opposing
13
parties apprised of a current address. If plaintiff moves and fails to file a notice of change of
14
address, service of court orders at plaintiff's prior address shall constitute effective notice. See
15
Local Rule 182(f). If mail directed to plaintiff is returned by the United States Postal Service as
16
undeliverable, the Court will not attempt to re-mail it. If plaintiff’s address is not updated, in
17
writing, within sixty (60) days of mail being returned, the action will be dismissed for failure to
18
prosecute. See Local Rule 183(b).
19
20
IT IS SO ORDERED.
21
Dated:
6i0kij
June 14, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
22
23
24
25
26
27
28
9
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
