In cases where the district court has not set a briefing schedule, the following schedule shall
apply. Within sixty (60) days after the filing of the answer to the complaint and the
administrative record, the plaintiff shall file a motion for summary judgment and memorandum in
support. Within forty-five (45) days thereafter, the Commissioner shall file his motion for
summary judgment and memorandum in support and in response to the plaintiff’s motion. The
plaintiff’s reply brief is due fourteen (14) days thereafter. To file an unopposed extension of time, please refer to the procedures in "Agreed Orders."
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 the
plaintiff’s entire medical history if it is not relevant to the issues raised. It is also not necessary to
devote multiple pages to the well-recognized standards for the five-part test. Cite a case that you
believe accurately states the legal principles you wish the Court to apply, and make the Court
aware of relevant contrary authority.
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, but it should not repeat
facts included in the plaintiff’s brief if they are not in dispute. Be sure and cite to specific record
evidence in support of each argument.