S.D. W. Va. LR Civ P 9.3

(a) Filing and Service.

No later than 60 days after the plaintiff serves the summons and complaint, the Commissioner shall file and serve on the plaintiff either:

(1) a motion and memorandum in support as described in LR Civ P 9.5(a)(1), or

(2) an answer alleging generally that the Commissioner's decision is supported by substantial evidence and a certified copy of the administrative transcript.

The motion or answer shall include the name, telephone number, facsimile number, and e-mail address of the Assistant United States Attorney who is responsible for the case.

(b) Privacy.

In addition to the docket sheet, the public may view an opinion, order, judgment, or other disposition of the court in Social Security cases via remote internet access. However, the remainder of the Social Security case files, including the Administrative records, will be available only to the court and to the parties through their counsel via the court's remote electronic filing system. Social Security files are still available at the courthouse in their entirety to the general public.

(c) Form.

Social Security case documents are exempt from the court's civil case redaction requirements.

(d) Discovery.

Discovery is not permitted in these cases.

(e) Material Defect in Administrative Transcript.

If a party discovers an omission from, improper submission with, or other similar defect in the administrative transcript, the party may notify the court and opposing party by filing a motion to correct the transcript. Upon a finding that a defect in the transcript is material, the court may enter an order requiring the defendant to file a supplemental certified administrative transcript. Deadlines for filing briefs will run from the date of filing of the certified administrative transcript or the supplemental certified administrative transcript, whichever occurs last.