LOCAL RULE 9
SOCIAL SECURITY APPEALS

9.1 JUDICIAL REVIEW. Judicial review of any final decision of the Secretary is obtained by filing a civil action pursuant to 42 U.S.C. § 405(G) alleging that the Secretary's decision should be modified, reversed, or remanded. As the term "review" indicates, the court in such cases is acting as a quasi appellate court. Its task is to affirm, modify, remand, or reverse the Secretary's decision, and the standard for doing so is as set forth in the statute. Motions for summary judgment are not appropriate since the issue is not whether there is any genuine issue as to any material fact; instead, it is whether the Secretary's findings of fact are supported by substantial evidence.

9.2 BRIEFING SCHEDULE. After service of an answer by the Secretary, claimant will have thirty (30) days within which to file his brief. The Secretary must then submit a brief within thirty (30) days after receipt of claimant's brief. Within five (5) days after receiving the Secretary's brief, claimant may submit a reply brief if so desired.

9.3 EXTENSIONS OF TIME. The Clerk of court and his deputy clerks are authorized to grant one extension of time for filing briefs in social security appeals. The party seeking the extension must make his request in writing with a copy to opposing counsel. Reasonable requests for extensions of time will be granted. If either party needs any additional extensions of time for filing briefs, they must make their request by way of a motion to the court.