S.D. W. Va. LR Civ P 9.2

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 "Complaint 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;

(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.

Related Forms:

Complaint for Review of the Decision of the Commissioner of Social Security