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Judge Johnston's Case Procedures

Social Security Cases

The Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g) govern Social Security disability appeals.  Unless the Court has set a different briefing schedule, the following schedule applies.  The Commissioner shall file a certified copy of the administrative record within 60 days of notice of the action.  Suppl. Rule 4.  Plaintiff’s opening brief requesting remand or reversal of the Commissioner’s final decision must be filed within 30 days of the filing of the administrative record.  Suppl. Rule 6.  The Commissioner’s response brief in support of the final decision is due 30 days thereafter.  Suppl. Rule 7.  Plaintiff may file a reply brief within 14 days of the Commissioner’s response brief being filed.  Suppl. Rule 8.

Motions for summary judgment are not required; 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.

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. 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.  Be sure and cite to specific record evidence in support of each argument.

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, 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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