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**Social Security Cases

The Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g) govern Social Security disability appeals. In cases where the certified administrative record has been filed on or after January 1, 2024, and the Court has not set a different briefing schedule, the following schedule applies. Plaintiff must file and serve an opening brief within 30 days after the Commissioner files a certified copy of the administrative record. Suppl. Rule 6. The Commissioner must file and serve a response brief within 30 days after service of Plaintiff’s brief. Suppl. Rule 7. Plaintiff may file and serve a reply brief within 14 days after service of the Commissioner’s brief. Suppl. Rule 8.

The action is presented for decision by the parties’ briefs. Suppl. Rule 5. Absent leave of Court, all briefs must comply with the 15-page limitation set forth in Local Rule 7.1.

The Court directs the parties to comply with the following:

Plaintiff’s Memorandum 

The Plaintiff shall identify 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.

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.

 


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