(a) Transcript of Proceeding. 42 U.S.C. § 405 (g) requires in “sentence six” remand cases where the Commissioner’s decision is not fully favorable to the plaintiff, that the Commissioner file the transcript of the proceeding upon which his or her decision was based. At the time the transcript is filed, the United States Attorney’s Office for the District of Kansas must contact the plaintiff to determine whether the plaintiff intends to further pursue the case.
(b) Where the Plaintiff Will Not Pursue the Case. If the plaintiff does not intend to further pursue the case, a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1) must be filed within 14 days of the date the transcript is filed.
(c) Where the Plaintiff Will Pursue the Case. If the plaintiff intends to pursue the case following remand, the plaintiff must file an amended complaint within 14 days of the date the Commissioner files the transcript, thereby making clear that he or she intends to challenge the unfavorable decision of the Commissioner following remand. The Commissioner must then file an answer within 14 days of the date plaintiff’s amended complaint is filed. The case will then be set on a briefing schedule.
(d) Where the Plaintiff Takes No Action. If the plaintiff takes no action within 14 days of the date the Commissioner files the transcript, the court may schedule a conference to discuss the status of the case.
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As amended 12/01/09. Adopted 03/17/08 (formerly D. Kan. S.O. 07-1).