Initiation of Action - Complaint

U.S. District Court for the Southern District of West Virginia

Rule Set: Local Rules of Procedure of the U.S. District Court for the Southern District of West Virginia

Rule: 9.2

Jurisdiction: SDWV

Bluebook Citation: S.D. W. Va. L.R. 9.2

All Rules: S.D. W. Va. Local Rules, complete index


Text

A plaintiff shall file a complaint to initiate an action to seek review of a final decision of the Commissioner pursuant to 42 U.S.C. § 405(g) by: (a) completing and filing the form AComplaint for Review of the Decision of the Commissioner of Social Security@ appended to these Rules, or (b) filing a complaint that contains the following information: (1) the street address, city, county, and state of the plaintiff=s residence; Page 8 of 83 (2) the plaintiff=s Social Security number(s), date(s) of birth, names of minor children (with cases involving children under age eighteen, both the parent or guardian and the child claimant); (3) the date of the decision of the Appeals Council; (4) an allegation that the decision of the Commissioner is not supported by substantial evidence and/or a description of other error alleged by the plaintiff; (5) a demand for the specific relief claimed; and (6) the address, telephone, facsimile number, and e-mail address of plaintiff=s attorney. If the plaintiff is not represented by an attorney, the plaintiff shall also provide the plaintiff=s telephone number and facsimile number and e-mail address, if any.

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