I'm preparing the 2019 edition of Social Security Disability Practice. One small way that I may update the book is to talk about the new practice in some U.S. District Courts of omitting the claimant's surname from the caption of a case. This is being done to try to protect the privacy of the claimants.
This isn't being done in any of the Districts in my state so I'm uncertain about the mechanics. Is the surname omitted in the initial complaint? Is it omitted by the parties only thereafter? Is it only the Court that omits the surname when it files an order?
I would love to buy even your old editions but they are way too pricey Charles. I ended up purchasing a near pristine but used Bush disability practice guide off Amazon.
ReplyDeleteIn the Southern District of Indiana, where I practice, neither party has been omitting the surnames or altering the captions at all. The only time I see the omission is when the Court enters its final orders. This means that the actual decision, or report and recommendation from the magistrate, has the surname omitted. If there is a report and recommendation, usually the order accepting it or sustaining an objection will have the surname omitted as will the final order entering judgment and closing the case. Interestingly, I have not noticed that scheduling orders from the Court do not omit the surname. My assumption would be that the Court does not usually place those orders on their website for general viewing.
ReplyDeleteWhen will the 2019 edition be available?
ReplyDeleteThe new edition will come out at the end of August.
ReplyDeleteSome of the courts we practice in are doing that. using the first name and the last initial only. it is only on orders which are public. the decision, the eaja and 406b award.
ReplyDeleteThis link tells you about why some courts are doing this:
ReplyDeletehttps://www.uscourts.gov/sites/default/files/18-ap-c-suggestion_cacm_0.pdf