The Court will generally enter an order setting dates that adhere to the Federal Rules of Civil Procedure, Supplemental Rules for Social Security Motions Under 42 U.S.C. § 405(g), typically providing that: (a) an answer must be filed within 60 days after notice of the actions is given under FRCP 3. Pursuant to Local Rule 8.1(b), the Social Security Administration's filing of the certified administrative record, in and of itself, shall suffice as the agency's answer to the complaint; (b) Plaintiff's brief in support of reversing or remanding the decision subject to review shall be filed within 30 days of the filing of the administrative record (no motion required); (c) The Social Security Administration’s motion to affirm the decision subject to review and its brief in support shall be filed within 30 days after plaintiff’s brief is filed; (d) Plaintiff’s reply brief, if any, shall be filed 14 days after defendant’s brief is filed.  Judge Berry will only grant extensions on the briefing schedule for good cause shown.

The page limit on briefs in Social Security Cases is twenty (20) pages. Briefs exceeding twenty (20) 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 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. The Commissioner’s Memorandum

The Commissioner is strongly encouraged (where it makes sense) to respond to the plaintiff’s assertions and arguments raised in plaintiff’s brief in the same order raised by Plaintiff. 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. Be sure to cite to specific record evidence in support of each argument.