Loc. R. Civ. P. 5.5 — Procedures in Social Security Cases
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 5.5 — Procedures in Social Security Cases: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Applicability. This Rule governs an action under 42 U.S.C. § 405(g) for review on the record of a final decision of the Commissioner of Social Security that presents only an individual claim. This Rule shall apply to actions filed on or after December 1, 2022 (b) Initial Process. The filing and service of the complaint is governed by Rules 2 and 3 of the Supplemental Rules for Social Security actions brought under 42 U.S.C. 405(g). (c) Response to Complaint. The defendant’s response to the complaint is governed by Rule 4 of the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g). (d) Merits Briefing. The filing of the parties’ briefing is governed by Rules 5, 6, 7, and 8 of the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g). (1) Plaintiff's Brief. The brief shall contain the following items, under the appropriate headings and in the order here indicated: (A) A statement of the issues presented for review, set forth in separately numbered paragraphs. (B) A statement of the case. This statement should briefly summarize the course of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. The statement of the facts shall include the plaintiff's age, education, work experience, if relevant, and a summary of other evidence of record. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found. (C) An argument. The argument shall be preceded by a summary. The argument shall be divided into sections separately addressing each issue and must set forth plaintiff's contentions with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting the plaintiff's position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction, or if authority on point from this jurisdiction does not exist. (D) A short conclusion stating the relief sought. The issues before the Court are limited to the issues properly raised in the briefs. (2) Defendant's Brief. The brief shall conform to the requirements set forth above for the plaintiff's brief, except that a statement of the issues and a statement of the case need not be included unless the defendant is dissatisfied with the plaintiff's recitation of the same. (3) Opening Brief and Reply Brief Page Limits. Opening briefs under this rule shall not exceed thirty (30) pages in length. Reply briefs shall not exceed ten (10) pages in length. (4) Motions for Enlargement of Time. Requests for enlargements of time shall be filed by letter motion and shall state whether consent of opposing counsel has been obtained. (5) Modification of the Page Limitations. Motions for modification of the page limitations shall be filed by letter motion. (e) Oral Argument. There will be no oral argument in cases that fall within the scope of this rule unless otherwise ordered by the Court. If oral argument is scheduled, unless otherwise ordered by the Court, oral argument shall be held telephonically. (f) Petitions under the Equal Access to Justice Act ("EAJA"). Prior to the filing of a petition under 28 U.S.C. § 2412 in an action under this rule, the plaintiff is encouraged to contact the defendant to attempt to reach an agreement by stipulation. Unless stipulated, any petition for fees and expenses under 28 U.S.C. § 2412 in an action under this rule shall not be filed before the judgment at issue is final and not appealable. The judgment is final and not appealable sixty (60) days after entry of judgment. The plaintiff shall file the EAJA petition within thirty (30) days of final judgment. The petition shall contain an explanation of the plaintiff’s efforts to reach an agreement by stipulation. The defendant shall have thirty (30) days to respond to a petition under 28 U.S.C. § 2412 in an action under this rule. (g) Petitions for Attorney's Fees under 42 U.S.C. § 406(b). (1) Timing of Petition. The plaintiff's counsel may file a petition for attorney's fees under 42 U.S.C. § 406(b) in accordance with the time frame set forth in Fed. R. Civ. P. 54(d)(2)(B) and Sinkler v. Berryhill, 932 F.3d 83 (2d Cir. 2019). Unless otherwise established, the Court will assume that counsel representing the plaintiff in federal court received notice of the benefits calculation at the same time as the plaintiff. Should information come to the attention of either party after the entry of an order approving fees under 42 U.S.C. § 406(b) suggesting that the information used to calculate the appropriate fee was incorrect or incomplete, a motion may be brought under Rule 60(b)(1), (2) or (6) of the Federal Rules of Civil Procedure seeking a correction of the fee approved. (2) Service of Petition. The plaintiff's counsel must serve a petition for fees on the defendant and must attest that counsel has informed the plaintiff of the request. (3) Contents of Petition. The petition for fees must include: (A) A copy of the final notice of award showing the amount of retroactive benefits payable to the plaintiff (and to any auxiliaries, if applicable), including the amount withheld for attorney's fees, and, if the date that counsel received the notice is different from the date provided on the notice, evidence of the date counsel received the notice; (B) An itemization of the time expended by counsel representing the plaintiff in federal court, including a statement as to the effective hourly rate (as calculated by dividing the total amount requested by the number of hours expended); (C) A copy of any fee agreement between plaintiff and counsel; (D) Statements as to whether counsel: (i) was awarded attorney's fees under the EAJA in connection with the case and, if so, the amount of such fees; and (ii) will return the lesser of the EAJA and 42 U.S.C. § 406(b) awards to the plaintiff upon receipt of the 42 U.S.C. § 406(b) fee award; and (E) Any other information the Court would reasonably need to assess the petition. (4) Response. Within thirty (30) days of service of the petition, the defendant shall file a response or notice of no response to the petition. (h) All attorney’s fee and remand stipulations should be filed electronically via CM/ECF without judicial signature blocks.
Source of truth
(a) Applicability. This Rule governs an action under 42 U.S.C. § 405(g) for review on the record of a final decision of the Commissioner of Social Security that presents only an individual claim. This Rule shall apply to actions filed on or after December 1, 2022 (b) Initial Proc
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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