W.D. Mo. L.R. 9.1

(a) The Complaint. To obtain review of a final decision of the Commissioner of Social

Security under 42 U.S.C. § 405(g), a party must file a complaint with the Court. The

complaint must state that the action is brought under § 405(g), identify the final

decision to be reviewed including any identifying designation provided by the

Commissioner with the final decision, state the name and county of residence of the

person for whom benefits are claimed, name the person in whose wage record benefits

are claimed, and state the type of benefits claims. Neither the complaint nor a

summons need to be served under Fed. R. Civ. P. 4; however, after filing a complaint,

a plaintiff is responsible for sending an email to USAMOW.SSA@usdoj.gov and

OGC.WDMO@ssa.gov stating the full name of name the person in whose wage

record benefits are claimed and stating that individual’s full Social Security number.

Upon the filing of the complaint, the Court will notify the local United States

Attorney’s office and the Social Security Administration’s Office of the General

Counsel of the filing by transmitting a Notice of Electronic Filing to

USAMOW.SSA@usdoj.gov and OGC.WDMO@ssa.gov

(b) The Answer. Within 90 days after notice of the action, the defendant must serve an

answer on the plaintiff. An answer may be limited to a certified copy of the

administrative record. The defendant may also file an answer with a statement of any

affirmative defenses under Fed. R. Civ. P. 8(c) or any motion under Fed. R. Civ. P.

12.

(c) The Record.

1. Unless the Court orders otherwise, the record in Social Security cases

comprises all decisions by an Administrative Law Judge and all pleadings,

evidence and orders in the administrative record.

2. If a party discovers a material omission from, or misstatement in, the record:

A. The discovering party must immediately notify the Court and all other

parties;

B. The parties may supply the omission or correct the misstatement by

stipulation; and

C. The Court may order a party to correct the omission or misstatement

and, if necessary, prepare and file a supplemental record.

(d) Briefs.

1. Plaintiff’s Brief. The plaintiff must file and serve on the Commissioner a

brief for any requested relief within 40 days after the certified copy of the

administrative record is filed.

2. Commissioner’s Brief. The Commissioner must file a brief and serve it on

the plaintiff within 40 days after service of the plaintiff’s brief.

3. Reply Brief. The plaintiff may file and serve on the Commissioner a reply

brief within 21 days after service of the Commissioner’s brief.

4. Briefs from the parties must support assertions of fact by citations to particular

parts of the certified copy of the administrative record.

5. In ruling upon a Social Security complaint, the Court must consider the record,

supporting brief, opposing brief, and reply brief. The Court may, but need not,

order and consider oral argument.