Federal court review

• Author: Thomas E. Bush
• Pages: 1129-1150

6-1

CHAPTER 6

FEDERAL COURT REVIEW

§600 CONSIDERATIONS PRIOR TO FILING

§601 Is There a Final Decision of the Commissioner?

§602 Standard of Review

§603 The Role of the Federal Courts

§604 Analyzing the Case

§610 INITIATING THE CIVIL ACTION: PROCEDURE

§611 Filing the Complaint

§612 Sample: Complaint

§613 Filing In Forma Pauperis

§613.1 Sample: Application for Leave to Proceed In Forma Pauperis

§613.2 Sample: Order Granting Leave to Proceed In Forma Pauperis

§614 Service

§620 POSTFILING PROCEDURE

§621 Answer

§622 The Action is Presented for Decision by the Parties’ Briefs

§623 Time Limits for Brief‌ing

§624 Effective Brief‌ing

§625 Research Tips

§630 PRACTICE BEFORE U.S. MAGISTRATE JUDGES

§631 Whether to Consent to Magistrate Judge Jurisdiction

§632 Specif‌ic Objections Required to Magistrate Judge Recommendation

§633 Time Limit for Objections to Magistrate Judge Recommendation

§640 REMEDIES: REVERSAL WITH AND WITHOUT A REMANDING FOR REHEARING

§641 Reversal Without Remanding for a Rehearing

§642 Voluntary Remand and Remand Instead of Default Judgment

§643 Remand to Evaluate New Evidence

§644 Sentence-Four Reversals With Remanding for a Rehearing

§645 Appealability of Remand Orders

§646 Procedure at SSA on Remand

§647 Court Procedure Following Sixth Sentence Remand

§648 Court Procedure Following Fourth Sentence Remand

FEDERAL COURT

REVIEW

Social Security Disability Practice 6-2

§650 SUBSTANTIVE ISSUES

§651 The Law of the Case

§652 Treatment of Evidence Submitted to Appeals Council

§653 Post Hoc Rationalizations

§660 IF YOU LOSE

§661 Rule 59(e) Motion

§662 Appeal to Court of Appeals

FEDERAL COURT

REVIEW