Norwood v. Commissioner of Social Security

Filing 6

INFORMATIONAL ORDER for Pro Se Litigants, signed by Magistrate Judge Barbara A. McAuliffe on 4/10/18. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 RAFFIEL NORWOOD, 14 Plaintiff, 15 Case No. 1:18-cv-198-BAM INFORMATIONAL ORDER FOR PRO SE LITIGANTS v. 16 17 18 NANCY A. BERRYHILL, Acting COMMISSIONER OF SOCIAL SECURITY, 19 Defendant. 20 INFORMATIONAL ORDER TO PRO SE LITIGANTS 21 Plaintiff is proceeding pro se in an action seeking judicial review of an administrative 22 23 24 decision of the Commissioner of Social Security that denied, in whole or in part, plaintiff’s claim for benefits under the Social Security Act. This order provides the following helpful information, and basically serves as a step- 25 by-step guide, for pro se litigants. It is strongly suggested that plaintiff read and re-read this 26 order and keep it readily available for future reference. 27 /// 28 1 1 I. 2 As is outlined in the Scheduling Order issued in this case, except when other provisions 3 Service of the Complaint 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 6 7 consent/ decline to jurisdiction of United States Magistrate Judge (See Local Rule 305(a)), and (4) the Scheduling Order, within twenty (20) days of plaintiff filing the complaint. 8 If plaintiff is proceeding in forma pauperis, the United States Marshal usually serves the 9 complaint. However, if plaintiff is not proceeding in forma pauperis, then plaintiff or legal 10 11 counsel is responsible for service and then filing a proof of service without delay. See Local Rule 210. 12 13 14 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) and (3) 15 provides, in substance, that to serve the Commissioner in his official capacity, the party must 16 serve (1) the United States, and (2) the Commissioner. 17 18 To serve the United States, a party must: (1) deliver a copy of the summons and complaint to the United States Attorney for the 19 district where the action is brought, or to an Assistant United States Attorney or clerical employee 20 21 whom the United States Attorney designates in a writing filed with the Court; or, send a copy of 22 the summons and complaint, by certified mail only, to the Civil Process Clerk at the United States 23 Attorney’s Office; and, 24 25 26 (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 27 Commissioner (the officer of the United States whose order is challenged by the lawsuit) in San 28 2 1 Francisco, CA. Fed.R.Civ.P. 4(i)(1)-(3). Initial service of process is thus sufficient if plaintiff 2 serves, by certified mail only, copies of the summons and complaint on: Office of the United 3 States Attorney 4 Initial service of process is thus sufficient if plaintiff serves, by certified mail only, copies 5 6 7 8 of the summons and complaint on: Office of the United States Attorney Civil Process Clerk 2500 Tulare Street, Suite 4401 Fresno, CA 93721 9 10 11 12 13 14 15 Office of the Attorney General of the United States 950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001 Office of the General Counsel Social Security Administration 333 Market Street, Suite 1500 San Francisco, CA 94105 after which a proof of service must be filed with the Court without delay pursuant to Local Rule 210. If plaintiff is proceeding in forma pauperis, the United States Marshal generally completes 16 17 18 the proof of service and files it with the Court; however, if plaintiff is not proceeding in forma pauperis, it is plaintiff’s duty to promptly file a proof of service with the Court. 19 II. 20 Pursuant to the Scheduling Order, within one hundred twenty (120) days after service of 21 the complaint, defendant is required to serve a copy of the administrative record on plaintiff and 22 Attempt at Informal Resolution of the Case also file the administrative record with the Court, which serves as the answer to the complaint in 23 this proceeding. 24 25 Once the administrative record has been filed, the parties must try to resolve the case 26 informally. In this process, the parties must exchange informal briefs in the form of letters about 27 the case to see if they can agree that the case should be sent back, or “remanded,” to the Social 28 Security Administration for a further hearing by an administrative law judge. 3 1 In the letter brief, plaintiff must briefly set forth (1) the issues in the case, (2) the reasons 2 why plaintiff thinks that plaintiff is entitled to Social Security benefits, and (3) why the decision 3 to deny benefits should be remanded. 4 The letter brief must be marked “Confidential Letter Brief”, should not be filed with the 5 6 Court, and must be served on defendant within thirty (30) days from the date defendant 7 served plaintiff with the administrative record, by mailing copies to all the attorneys listed 8 on the court docket as representing defendant, Commissioner of Social Security, at the 9 addresses noted on the court docket. 10 11 The name of the attorney or attorneys representing defendant are added to the court docket at the time the Court receives defendant’s response to the complaint which, again, usually 12 13 14 consists of the administrative record. Sometimes the court docket lists not only an attorney at the Office of the General Counsel of the Social Security Administration in San Francisco, CA, but 15 also an attorney at the United States Attorney’s Office in Fresno, CA. In these particular cases, it 16 will then be necessary for plaintiff to mail copies of the confidential letter brief to more than one 17 attorney for defendant. 18 Defendant’s confidential letter brief must be served on plaintiff no later than thirty-five 19 (35) days after defendant is served with plaintiff’s confidential letter brief. 20 21 If the parties agree to a remand, then the case will go back to the Social Security 22 Administration before any formal briefs are filed with the Court, and without the Court ever 23 considering the merits of the case. The parties’ agreement to remand the case must be set forth in 24 writing in a document titled “Stipulation and Order,” which must be signed and filed with the 25 Court no later than fifteen (15) days after defendant served its confidential letter brief on 26 plaintiff. See Local Rule 143(a)(1) & (b). 27 The informal letter briefs exchanged by the parties are confidential in the sense that they 28 4 1 are not filed with the Court. If the parties are unable to agree to a remand, the letters are not part 2 of the case file and, thus, are not before the Court if and when the Court finally considers the case 3 on the merits. 4 III. Briefs 5 6 If, after exchanging confidential letter briefs, the parties are unable to agree to a remand of 7 the case, then the parties must file formal briefs with the Court as directed in the Scheduling 8 Order. It is only after the formal briefs are filed with the Court that the Court will consider the 9 merits of the case and make a decision. 10 11 A. Plaintiff’s Opening Brief Plaintiff’s opening brief must be filed and served no later than thirty (30) days from the 12 13 14 15 16 17 18 19 20 21 date defendant’s informal letter brief was served on plaintiff. Plaintiff must serve a copy of the opening brief on all the attorneys listed for defendant on the court docket of the case at the addresses noted on the court docket. Plaintiff must also file the original opening brief, together with a copy, with the Court, by either personal delivery or via U.S. mail to: Office of the Clerk United States District Court Eastern District of California 2500 Tulare Street, Suite 1501 Fresno, CA 93721 22 Plaintiff’s opening brief must contain the following: 23 (1) a plain description of plaintiff’s alleged physical or emotional impairments, when 24 25 26 plaintiff contends they became disabling, and how they disabled plaintiff from work; (2) a summary of the administrative proceedings before the Social Security Administration; 27 (3) a summary of the relevant testimony at the administrative hearing; 28 5 1 (4) a summary of all relevant medical evidence, including an explanation of the 2 significance of clinical and laboratory findings, and the purpose and effect of prescribed 3 medication and therapy; 4 (5) a recitation of the Social Security Administration’s findings and conclusions relevant 5 6 to plaintiff’s claims; 7 (6) a short, separate statement of each of plaintiff’s legal claims stated in terms of the 8 insufficiency of the evidence to support a particular finding of fact or reliance on an erroneous 9 legal standard; and, 10 11 (7) argument separately addressing each claimed error. All references to the administrative record and all assertions of fact must be accompanied 12 13 14 by citations to the administrative record. Argument in support of each claim of error must be supported by citation to legal authority and explanation of the application of such authority to the 15 facts of the particular case. Briefs that do not substantially comply with these requirements will 16 be stricken. A document that is stricken becomes null and void and is not considered by the Court 17 for any purpose. 18 Plaintiff is further advised that failure to timely file an opening brief will result in 19 dismissal of the action. 20 21 22 23 B. Defendant’s Brief Pursuant to the Scheduling Order, defendant’s responsive brief is due filed and served on plaintiff within thirty (30) days from the date of service of plaintiff’s opening brief on defendant. 24 C. 25 Plaintiff may file a reply brief, but is not required to do so, within fifteen (15) days from 26 Plaintiff’s Reply Brief the date defendant served its responsive brief on plaintiff. Plaintiff must serve a copy of the reply 27 brief on defendant by serving the United States Attorney for the Eastern District of California at 28 6 1 the address in Fresno, CA, noted above. Plaintiff must also file the original reply brief, together 2 with a copy, with the Court at the Court’s address in Fresno, CA, noted above. 3 Plaintiff’s reply brief should respond to the arguments made in defendant’s responsive 4 brief. 5 IV. 6 Motion to Dismiss 7 In some cases, instead of serving and filing an administrative record, defendant may file a 8 motion to dismiss the case pursuant to Fed.R.Civ.P. 12., within one hundred twenty (120) days 9 from the date defendant is served with plaintiff’s complaint. 10 11 Plaintiff may oppose a motion to dismiss by filing and serving opposition to the motion within fourteen (14) days from the date the motion to dismiss was served on plaintiff, and should 12 13 be titled “Opposition to Defendant’s Motion to Dismiss.” See Local Rule 230(c). The Court will consider a motion to dismiss only after receiving opposition from plaintiff, 14 15 or after the time for filing opposition has passed. In ruling on a motion to dismiss the case, the 16 Court may either (1) deny the motion and proceed with the case, ordering the parties to proceed to 17 file the administrative record, attempt informal resolution, and file briefs; or, (2) grant the motion 18 to dismiss, and dismiss all or part of the case. 19 V. The Court’s Decision on the Merits 20 The Court will consider the merits of the case only after all briefs have been filed, and 21 22 may enter a judgment affirming, modifying, or reversing the determination of the Social Security 23 Administration. The Court may or may not remand the case to the Social Security Administration 24 for a further hearing. 25 /// 26 /// 27 /// 28 7 1 2 3 4 5 6 VI. Summary of Deadline Calculations See Section I. above See Section II. above See Section III. A. above See Section III. B. above See Section III. C. above Service Administrative Record Plaintiff’s Opening Brief Defendant’s Opening Brief Plaintiff’s Reply Brief due 20 days after filing complaint Due 120 days after service due 95 days after administrative record lodged with court due 30 days after plaintiff’s opening brief filed due 15 days after defendant’s brief filed 7 8 VII. 9 Plaintiff is informed of the following: 10 A. Rules for Litigating the Action In litigating this action, the parties must comply with the Federal Rules of Civil 11 Procedure (Fed.R.Civ.P.), and the Local Rules of the United States District Court, Eastern District 12 13 14 of California (“Local Rules”). A copy of the Local Rules may be obtained in the Clerk’s Office at no charge. 15 Local Rule 206 is a special rule for social security actions. Specifically (a)(2) and (3) 16 generally states that complaints shall contain the last four digits of plaintiff’s social security 17 18 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. 19 Therefore, plaintiff shall refrain from disclosing the entire social security number on any 20 21 filings. 22 FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES, OR A 23 COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL 24 OR OTHER APPROPRIATE SANCTIONS. See Local Rule 110; Fed.R.Civ.P. 41(b). 25 B. Documents intended to be filed with the Court must be mailed to the Clerk of the 26 Court in Fresno, CA, at the address noted above. See Local Rule 134(a). All documents 27 28 inappropriately mailed directly to a judge's chambers will be stricken from the record. A 8 1 2 3 document requesting a court order must be styled as a motion, not a letter. See Fed.R.Civ.P. 7. C. Each document submitted for filing must include the original signature of the filing party or parties. Local Rule 131; Fed.R.Civ.P. 11(a). All documents submitted without the 4 required signature(s) will be stricken. Each separate document must be separately stapled. See 5 6 7 8 9 10 11 Local Rule 130. If a document is stapled behind another document, it will not be filed and will not enter the court docket. D. All documents filed with the Court must be submitted with an additional legible copy to be conformed for the Court's use. See Local Rule 133(d)(2). A document submitted without an extra copy for the Court’s use will be stricken. If the filing party wishes the Court to return a file-stamped copy, an additional copy must be provided for that purpose (i.e., an original 12 13 14 and two copies, one for the Court's use and one to be returned to the filing party), together with a self-addressed, stamped envelope. The Court cannot provide copy or mailing service for a party, 15 even for an indigent plaintiff proceeding in forma pauperis. Copies of documents from the 16 Court’s file may be obtained in the Clerk’s Office at the cost of fifty ($.50) cents per page. 17 18 E. After any defendant has appeared in an action by filing a pleading responsive to the complaint (i.e., an answer or a motion to dismiss), all documents filed with the Court must 19 include a proof of service stating that a copy of the document was served on the opposing party. 20 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. 24 25 26 F. A pro se party has an affirmative duty to keep the Court and opposing parties apprised of a current address. If plaintiff moves and fails to file a notice of change of address, 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 9 1 undeliverable, the Court will not attempt to re-mail it. If plaintiff’s address is not updated, in 2 writing, within sixty (60) days of mail being returned, the action will be dismissed for failure to 3 prosecute. See Local Rule 183(b). 4 IT IS SO ORDERED. 5 6 Dated: /s/ Barbara April 10, 2018 A. McAuliffe UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10

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