Effective 6/1/2022, Judge Cox will no longer follow the default briefing schedule set by Local Rule 16.4 for Scheduling in Social Security Cases. Judge Cox will use the following briefing schedule: (a) Plaintiff’s brief in support of reversing or remanding the decision subject to review is due within 30 days of the filing of the administrative record (no motion required); (b) The Social Security Administration’s motion to affirm the decision subject to review and its brief in support are due 30 days after plaintiff’s brief is filed; Plaintiff’s reply brief, if any, is due 14 days after defendant’s brief is filed. Judge Cox will only grant extensions on the briefing schedule for good cause shown; Judge Cox does not consider an attorney’s caseload to constitute good cause.
The page limit of briefs in Social Security Cases is twenty-five (25) pages.
A. Plaintiff’s Memorandum
The plaintiff shall identify the specific grounds for reversal or remand. Arguing generally that the ALJ’s decision is not supported by substantial evidence is not sufficient. The plaintiff shall include only those facts that relate to the issues presented. It is not necessary to include plaintiff’s entire medical history if it is not relevant to the issues raised.
B. The Commissioner’s Memorandum
The Commissioner shall specifically respond to the plaintiff’s assertions and arguments. Arguing generally that the ALJ’s decision is supported by substantial evidence is not sufficient. The Commissioner’s brief may supplement the plaintiff’s facts where needed. Do not feel compelled to repeat facts included in the plaintiff’s brief.