US · rules
E.D.N.Y. Local Social Security Rule 7.1
Obligations of Commissioner in Pro Se Cases
If a plaintiff appearing pro se fails to file a brief in support of the requested relief within
the time period set forth in Supplemental Social Security Rule 6 (or such extended time
period as the court may have granted), the Commissioner must nonetheless file a brief
and serve it on the plaintiff within 30 days after the plaintiff’s brief was due (or within
such extended time period as the court may have granted).
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
2025 COMMITTEE NOTE Local Social Security Rules 7.1 and 8.1 clarify the procedure to be used when a plaintiff proceeding pro se fails to file an opening brief as required by Supplemental Social Security Rule 6. In order to ensure that the court has the benefit of at least one party's analysis, the Commissioner is still obligated to file a brief, with the deadline that would have been in place—unless extended—had plaintiff filed an opening brief. The Local Social Security Rules also clarify that a plaintiff, despite not filing an opening brief, may still oppose the relief sought by the Commissioner (in the form of an opposition brief), but neither side may file a reply brief in such circumstances, absent leave of court. The default word limits in Local Social Security Rule 5.1 apply to any submission under this rule.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
28117210d3e5e2f1e4496a8e8f7a5dfd9b7574f48a997c1fde6b7a1699191899
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.