Williams v. Commissioner of Social Security

Filing 6

INFORMATIONAL ORDER for Pro Se Litigants signed by Magistrate Judge Stanley A. Boone on 06/05/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LORIE ANN WILLIAMS,
Plaintiff,

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INFORMATIONAL ORDER FOR PRO SE
LITIGANTS

v.

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Case No. 1:17-cv-00656-SAB

COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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Plaintiff is proceeding pro se in an action seeking judicial review of an administrative

18 decision of the Commissioner of Social Security that denied, in whole or in part, plaintiff’s claim
19 for benefits under the Social Security Act.
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This order provides the following helpful information, and basically serves as a step-

21 by-step guide, for pro se litigants. It is strongly suggested that plaintiff read and re-read
22 this order and keep it readily available for future reference.
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I.

Service of the Complaint

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As is outlined in the Scheduling Order issued in this case, except when other provisions

3 are made pursuant to an application to proceed in forma pauperis, plaintiff shall serve a copy of
4 the (1) summons, (2) complaint, (3) notice of availability of a Magistrate Judge and the form of
5 consent/ decline to jurisdiction of United States Magistrate Judge (See Local Rule 305(a)), and
6 (4) the Scheduling Order, within twenty (20) days of plaintiff filing the complaint.
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If plaintiff is proceeding in forma pauperis, the United States Marshal usually serves the

8 complaint. However, if plaintiff is not proceeding in forma pauperis, then plaintiff or legal
9 counsel is responsible for service and then filing a proof of service without delay. See Local
10 Rule 210.
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Lawsuits for review of administrative decisions made by the Commissioner of Social

12 Security are prosecuted against the Commissioner of Social Security. Fed.R.Civ.P. 4(i)(2) and
13 (3) provides, in substance, that to serve the Commissioner in his official capacity, the party must
14 serve (1) the United States, and (2) the Commissioner.
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To serve the United States, a party must:

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(1)

deliver a copy of the summons and complaint to the United States Attorney for

17 the district where the action is brought, or to an Assistant United States Attorney or clerical
18 employee whom the United States Attorney designates in a writing filed with the Court; or, send
19 a copy of the summons and complaint, by certified mail only, to the Civil Process Clerk at the
20 United States Attorney’s Office; and,
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(2)

send a copy of the summons and complaint, by certified mail only, to the

22 Attorney General of the United States in Washington, D.C.; and,
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(3)

send a copy of the summons and complaint, by certified mail only, to the

24 Commissioner (the officer of the United States whose order is challenged by the lawsuit) in San
25 Francisco, CA. Fed.R.Civ.P. 4(i)(1)-(3).
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Initial service of process is thus sufficient if plaintiff serves, by certified mail only, copies

27 of the summons and complaint on:
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Office of the United States Attorney
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Civil Process Clerk
2500 Tulare Street, Suite 4401
Fresno, CA 93721

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Office of the Attorney General of the United States
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

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Office of the General Counsel
Social Security Administration
333 Market Street, Suite 1500
San Francisco, CA 94105

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9 after which a proof of service must be filed with the Court without delay pursuant to Local Rule
10 210. If plaintiff is proceeding in forma pauperis, the United States Marshal generally completes
11 the proof of service and files it with the Court; however, if plaintiff is not proceeding in forma
12 pauperis, it is plaintiff’s duty to promptly file a proof of service with the Court.
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II.

Attempt at Informal Resolution of the Case

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Pursuant to the Scheduling Order, within one hundred twenty (120) days after service

15 of the complaint, defendant is required to serve a copy of the administrative record on plaintiff
16 and also file the administrative record with the Court, which serves as the answer to the
17 complaint in this proceeding.
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Once the administrative record has been filed, the parties must try to resolve the case

19 informally. In this process, the parties must exchange informal briefs in the form of letters about
20 the case to see if they can agree that the case should be sent back, or “remanded,” to the Social
21 Security Administration for a further hearing by an administrative law judge.
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In the letter brief, plaintiff must briefly set forth (1) the issues in the case, (2) the reasons

23 why plaintiff thinks that plaintiff is entitled to Social Security benefits, and (3) why the decision
24 to deny benefits should be remanded.
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The letter brief must be marked “Confidential Letter Brief”, should not be filed with the

26 Court, and must be served on defendant within thirty (30) days from the date defendant
27 served plaintiff with the administrative record, by mailing copies to all the attorneys listed
28 on the court docket as representing defendant, Commissioner of Social Security, at the
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1 addresses noted on the court docket.
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The name of the attorney or attorneys representing defendant are added to the court

3 docket at the time the Court receives defendant’s response to the complaint which, again, usually
4 consists of the administrative record. Sometimes the court docket lists not only an attorney at the
5 Office of the General Counsel of the Social Security Administration in San Francisco, CA, but
6 also an attorney at the United States Attorney’s Office in Fresno, CA. In these particular cases, it
7 will then be necessary for plaintiff to mail copies of the confidential letter brief to more than one
8 attorney for defendant.
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Defendant’s confidential letter brief must be served on plaintiff no later than thirty-five

10 (35) days after defendant is served with plaintiff’s confidential letter brief.
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If the parties agree to a remand, then the case will go back to the Social Security

12 Administration before any formal briefs are filed with the Court, and without the Court ever
13 considering the merits of the case. The parties’ agreement to remand the case must be set forth
14 in writing in a document titled “Stipulation and Order,” which must be signed and filed with the
15 Court no later than fifteen (15) days after defendant served its confidential letter brief on
16 plaintiff. See Local Rule 143(a)(1) & (b).
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The informal letter briefs exchanged by the parties are confidential in the sense that they

18 are not filed with the Court. If the parties are unable to agree to a remand, the letters are not part
19 of the case file and, thus, are not before the Court if and when the Court finally considers the
20 case on the merits.
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III.

Briefs

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If, after exchanging confidential letter briefs, the parties are unable to agree to a remand

23 of the case, then the parties must file formal briefs with the Court as directed in the Scheduling
24 Order. It is only after the formal briefs are filed with the Court that the Court will consider the
25 merits of the case and make a decision.
Plaintiff’s Opening Brief

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A.

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Plaintiff’s opening brief must be filed and served no later than thirty (30) days from the

28 date defendant’s informal letter brief was served on plaintiff. Plaintiff must serve a copy of the
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1 opening brief on all the attorneys listed for defendant on the court docket of the case at the
2 addresses noted on the court docket.
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Plaintiff must also file the original opening brief, together with a copy, with the Court, by

4 either personal delivery or via U.S. mail to:
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Office of the Clerk
United States District Court
Eastern District of California
2500 Tulare Street, Suite 1501
Fresno, CA 93721

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Plaintiff’s opening brief must contain the following:
(1)

a plain description of plaintiff’s alleged physical or emotional impairments, when

11 plaintiff contends they became disabling, and how they disabled plaintiff from work;
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(2)

a summary of the administrative proceedings before the Social Security

13 Administration;
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(3)

a summary of the relevant testimony at the administrative hearing;

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(4)

a summary of all relevant medical evidence, including an explanation of the

16 significance of clinical and laboratory findings, and the purpose and effect of prescribed
17 medication and therapy;
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(5)

a recitation of the Social Security Administration’s findings and conclusions

19 relevant to plaintiff’s claims;
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(6)

a short, separate statement of each of plaintiff’s legal claims stated in terms of the

21 insufficiency of the evidence to support a particular finding of fact or reliance on an erroneous
22 legal standard; and,
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(7)

argument separately addressing each claimed error.

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All references to the administrative record and all assertions of fact must be accompanied

25 by citations to the administrative record. Argument in support of each claim of error must be
26 supported by citation to legal authority and explanation of the application of such authority to the
27 facts of the particular case. Briefs that do not substantially comply with these requirements will
28 be stricken. A document that is stricken becomes null and void and is not considered by the
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1 Court for any purpose.
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Plaintiff is further advised that failure to timely file an opening brief will result in

3 dismissal of the action.
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B.

Defendant’s Brief
Pursuant to the Scheduling Order, defendant’s responsive brief is due filed and

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6 served on plaintiff within thirty (30) days from the date of service of plaintiff’s opening brief on
7 defendant.
Plaintiff’s Reply Brief

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C.

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Plaintiff may file a reply brief, but is not required to do so, within fifteen (15) days from

10 the date defendant served its responsive brief on plaintiff. Plaintiff must serve a copy of the
11 reply brief on defendant by serving the United States Attorney for the Eastern District of
12 California at the address in Fresno, CA, noted above. Plaintiff must also file the original reply
13 brief, together with a copy, with the Court at the Court’s address in Fresno, CA, noted above.
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Plaintiff’s reply brief should respond to the arguments made in defendant’s responsive

15 brief.
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IV.

Motion to Dismiss

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In some cases, instead of serving and filing an administrative record, defendant may file a

18 motion to dismiss the case pursuant to Fed.R.Civ.P. 12., within one hundred twenty (120) days
19 from the date defendant is served with plaintiff’s complaint.
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Plaintiff may oppose a motion to dismiss by filing and serving opposition to the motion

21 within fourteen (14) days from the date the motion to dismiss was served on plaintiff, and
22 should be titled “Opposition to Defendant’s Motion to Dismiss.” See Local Rule 230(c).
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The Court will consider a motion to dismiss only after receiving opposition from

24 plaintiff, or after the time for filing opposition has passed. In ruling on a motion to dismiss the
25 case, the Court may either (1) deny the motion and proceed with the case, ordering the parties to
26 proceed to file the administrative record, attempt informal resolution, and file briefs; or, (2) grant
27 the motion to dismiss, and dismiss all or part of the case.
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The Court’s Decision on the Merits

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V.

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The Court will consider the merits of the case only after all briefs have been filed, and

3 may enter a judgment affirming, modifying, or reversing the determination of the Social Security
4 Administration.

The Court may or may not remand the case to the Social Security

5 Administration for a further hearing.
VI.

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Summary of Deadline Calculations

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See Section
I. above
See Section II.
above
See Section III. A.
above
See Section III. B.
above
See Section III. C.
above

Service

due 20 days after filing complaint

Administrative Record

due 120 days after service

Plaintiff’s Opening
Brief
Defendant’s Brief

due 95 days after administrative record lodged
with court
due 30 days after plaintiff’s opening brief filed

Plaintiff’s Reply Brief - due 15 days after defendant’s brief filed
optional

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VII.

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Plaintiff is informed of the following:

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A.

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District of California (“Local Rules”). A copy of the Local Rules may be obtained in the Clerk’s
Office at no charge.
Local Rule 206 is a special rule for social security actions. Specifically (a)(2) and (3)
generally states that complaints shall contain the last four digits of plaintiff’s social security
number only, i.e., XXX-XX-1234, and that plaintiff shall privately disclose to defendant, within
five (5) days after a request is made to plaintiff, the full social security number of plaintiff.
Therefore, plaintiff shall refrain from disclosing the entire social security number on any

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In litigating this action, the parties must comply with the Federal Rules of Civil

Procedure (Fed.R.Civ.P.), and the Local Rules of the United States District Court, Eastern

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Rules for Litigating the Action

filings.
FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES, OR A
COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL
OR OTHER APPROPRIATE SANCTIONS. See Local Rule 110; Fed.R.Civ.P. 41(b).
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B.

Documents intended to be filed with the Court must be mailed to the Clerk of the

2 Court in Fresno, CA, at the address noted above. See Local Rule 134(a). All documents
3 inappropriately mailed directly to a judge's chambers will be stricken from the record. A
4 document requesting a court order must be styled as a motion, not a letter. See Fed.R.Civ.P. 7.
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C.

Each document submitted for filing must include the original signature of the

6 filing party or parties. Local Rule 131; Fed.R.Civ.P. 11(a). All documents submitted without
7 the required signature(s) will be stricken. Each separate document must be separately stapled.
8 See Local Rule 130. If a document is stapled behind another document, it will not be filed and
9 will not enter the court docket.
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D.

All documents filed with the Court must be submitted with an additional legible

11 copy to be conformed for the Court's use. See Local Rule 133(d)(2). A document submitted
12 without an extra copy for the Court's use will be stricken. If the filing party wishes the Court to
13 return a file-stamped copy, an additional copy must be provided for that purpose (i.e., an original
14 and two copies, one for the Court's use and one to be returned to the filing party), together with a
15 self-addressed, stamped envelope. The Court cannot provide copy or mailing service for a party,
16 even for an indigent plaintiff proceeding in forma pauperis. Copies of documents from the
17 Court’s file may be obtained in the Clerk’s Office at the cost of fifty ($.50) cents per page.
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E.

After any defendant has appeared in an action by filing a pleading responsive to

19 the complaint (i.e., an answer or a motion to dismiss), all documents filed with the Court must
20 include a proof of service stating that a copy of the document was served on the opposing party.
21 See 28 U.S.C. § 1746; F.R.Civ.P. 5; Local Rule 135. A document submitted without the
22 required proof of service will be stricken. Where a party is represented by counsel, service on
23 the party's attorney of record constitutes effective service.
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F.

A pro se party has an affirmative duty to keep the Court and opposing parties

25 apprised of a current address. If plaintiff moves and fails to file a notice of change of address,
26 service of court orders at plaintiff's prior address shall constitute effective notice. See Local Rule
27 182(f).

If mail directed to plaintiff is returned by the United States Postal Service as

28 undeliverable, the Court will not attempt to re-mail it. If plaintiff’s address is not updated, in
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1 writing, within sixty (60) days of mail being returned, the action will be dismissed for failure to
2 prosecute. See Local Rule 183(b).
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IT IS SO ORDERED.

5 Dated:

June 5, 2017
UNITED STATES MAGISTRATE JUDGE

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