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 her motion for summary judgment and memorandum in support and in response to plaintiff’s motion. The plaintiff’s reply brief is due fourteen (14) days thereafter.
The page limit of briefs in social security cases is twenty-five (25) pages.
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.
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. Do not feel compelled to repeat facts included in the plaintiff’s brief.