Free Social Security Procedural Order - District Court of California - California


File Size: 47.6 kB
Pages: 2
Date: September 2, 2008
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State: California
Category: District Court of California
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Case 3:08-cv-04136-MEJ

Document 2

Filed 08/29/2008

Page 1 of 2

E-fi\ing
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UN~TED STATES DISTRICT COURT NORTHERN DISTRICT O F CALIFORNIA

PROCEDURAL ORDER FOR SOCIAL SECURITY REVIEW
CASE NO. T O PARTIES AND COUNSEL O F RECORD IN T H E ABOVE ACTION: The above action seeks review of a decision by the Secretary of Health and Human Services denying plaintiff Social Security payments. The parties a r e reminded that the Court's jurisdiction is limited to reviewing the administrative record to determine whether the decision is supported by substantial evidence in the record, and whether the Secretary complied with the requirements of the Constitution and the Social Security Act and administrative regulations in reaching the decision reviewed. 42 U.S.C. Section 405(g). Pursuant to Civil L.R. 16-5, I T I S HEREBY ORDERED:

1..

Defendant shall serve and file an answer, together with a certified copy of the

transcript of the administrative record, witbin ninety days of receipt of service of the summons and complaint.
2.

Plaintiff shall serve and file a motion for summary judgment o r for remand

within thirty days of service of defendant's answer.
3.

Defendant shall serve and file any opposition o r counter-motion witbin thirty

days of service of plaintiffs motion.
4.

Plaintiff may serve and file a reply within fourteen days of service of

defendant's opposition o r counter-motion.

5.

Unless the court orders otherwise, upon the conclusion of this briefing

schedule, the matter will be deemed submitted for decision without oral argument.

Case 3:08-cv-04136-MEJ

Document 2

Filed 08/29/2008

Page 2 of 2

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DATED:

FOR-

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COURT: i W. WIEKING, Clerk 4