Federal Court Review

• Author: Thomas E. Bush
• Pages: 325-348

6-325

Chapter 6

Federal Court Review

§600 Considerations Prior to Filing

§610 Initiating the Action: Procedure

§620 Post-Filing Procedure

§630 Practice Before U.S. Magistrate Judges

§640 Remedies: Reversal With and Without a Remanding for Rehearing

§650 Substantive Issues

§660 If You Lose

§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 and Service of Summons and Complaint

§611.1 Addresses for Service of Process on Commissioner

§612 Sample: Complaint

§613 Filing In Forma Pauperis

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

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

§614 Filing Checklist

§615 Proof of Service

§615.1 Sample: Proof of Service

§616 Service Checklist

§617 Calendar Tips

§620 Post-Filing Procedure

§621 Answer

§622 Motion for Summary Judgment Under Sentence Four of 42 U.S.C. § 405(g)

§623 Motion for Remand for Consideration of New Evidence

§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

SOCIAL SECURITY DISABILITY PRACTICE 6-326

§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