Scope and Assignment

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: 9.1

Jurisdiction: SDWV

Bluebook Citation: S.D. W. Va. L.R. 9.1

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


Text

(a) Scope. These rules apply to actions in which an individual seeks district court review of a final decision of the Commissioner of Social Security (Commissioner), pursuant to 42 U.S.C. § 405(g). (b) Appeals of Social Security Claims. When an appeal of a Social Security claim is filed, it will be referred to the magistrate judge.

The clerk will provide to each party and/or attorney a AConsent to Proceed Before U.S. Magistrate Judge@ form along with a notice to return the completed consent form within 21 days. If the United States Attorney offers to consent in all Social Security appeals by providing the clerk with a letter to that effect, it will not be necessary for the Commissioner of Social Security to complete the consent form; a copy of the letter will be placed in the file when the plaintiff=s consent is filed. When the parties in a Social Security appeal consent to proceed before a magistrate judge, it is not necessary for a district judge to sign an order of reference.

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