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1 Special Procedural Rules for Social Security Litigation in District Court 1 (2016)

handle is hein.usfed/spcprssl0001 and id is 1 raw text is: Administrative Conference Recommendation 2016-3 Special Procedural Rules for Social Security Litigation in District Court Adopted December 13, 2016 The Administrative Conference recommends that the Judicial Conference of the United States develop special procedural rules for cases under the Social Security Act' in which an individual seeks district court review of a final administrative decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). The Rules Enabling Act delegates authority to the United States Supreme Court (acting initially through the Judicial Conference) to prescribe procedural rules for the lower federal courts.2 The Act does not require that procedural rules be trans-substantive (that is, be the same for all types of cases), although the Federal Rules of Civil Procedure (Federal Rules) have generally been so drafted. Rule 81 of the Federal Rules excepts certain specialized proceedings from the Rules' general procedural governing scheme.3 In the case of social security litigation in the federal courts, several factors warrant an additional set of exceptions. These factors include the extraordinary volume of social security litigation, the Federal Rules' failure to account for numerous procedural issues that arise due to the appellate nature of the litigation, and the costs imposed on parties by the various local rules fashioned to fill those procedural gaps.4 142 U.S.C. § 301 et seq. (2012). 2 See 28 U.S.C. § 2072(a) (2012). 3 FED. R. Civ. P. 8 1(a); see also FED. R. Civ. P. 71.1-73 (Special Proceedings). 4 This recommendation is based on a portion of the extensive report prepared for the Administrative Conference by its independent consultants, Jonah Gelbach of the University of Pennsylvania Law School and David Marcus of the

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