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Friday, May 3, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

Changes to Consent Procedures in Social Security Appeal Matters

Pursuant to Standing Order 2024-1, effective April 2, 2024, registered users of CM/ECF who represent plaintiffs seeking review of the decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g) will be required to make the determination regarding consent when filing the complaint in CM/ECF.  Because the United States has already consented to jurisdiction by a U.S. Magistrate Judge in social security appeals under terms set forth in In re: Consent to Magistrate Judges Pursuant to 28 U.S.C. Section 636(c) in Social Security Cases, 06-mc-9130, May 26, 2006, consent on the part of the plaintiff constitutes full consent in the case, and the case will be randomly assigned to a U.S. Magistrate Judge. If the plaintiff does not consent, the case will be randomly assigned to a U.S. District Judge. Cases filed by plaintiffs who are not represented will be randomly assigned to a U.S. District Judge.

In any case seeking review of the decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), once a District Judge is assigned, parties may not later consent to jurisdiction by a U.S. Magistrate Judge.

For more information, see Section 16 of the CM/ECF User Manual, Social Security Appeals, and Consenting to Jurisdiction by a United States Magistrate Judge in the District of Oregon.