Social Security Cases

In cases where the District Court has not set a briefing schedule, the following schedule shall apply, notwithstanding the default schedule provided in the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g). Within sixty (60) days after the filing of the certifiedadministrative record, the plaintiff shall file a memorandum in support of a motion for summary judgment Within (45) days thereafter, the government shall file its response and/or motion for summary judgment and memorandum in support. The plaintiff’s reply brief is due fourteen (14) days thereafter. Absent leave of court, all memoranda of law must comply with the 15-page limitation set forth in Local Rule 7.1.

A.The 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(s) that you believe accurately states the legal principles you wish the court to apply, and make the court aware of any relevant contrary authority. Be sure to cite to specific record evidence in support of each argument.

B.The Commissioner’s Memorandum

The Commissioner should consider whether a voluntary remand is appropriate under the law of this District and Circuit. If so, please contact Plaintiff’s counsel and prepare the necessary stipulation. If not, the Commissioner’s response brief 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.

Oversized Briefs:

No oversized briefs will be allowed without prior court approval obtained at least one week before the due date and upon good cause shown, which requires a reason specific to that case.