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Social Security Cases

In cases where the district court has not set a briefing schedule, the following schedule applies.  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.  Briefs exceeding fifteen (15) pages are discouraged and may be filed only with leave of Court.

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.   Please 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. 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 to cite to specific record evidence in support of each argument.


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