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Social Security Cases

The Commissioner is ordered to file a certified copy of the administrative record by 60 days after the filing of the complaint, but the Commissioner should not submit a hard copy of the administrative record to chambers until ordered to do so.  Plaintiff's opening brief for remanding or reversing the Commissioner’s final decision is due by 30 days after the administrative record is filed.  The Commissioner’s response brief in support of the final decision is due by 30 days after Plaintiff’s brief is filed.  Plaintiff’s reply brief is due by 14 days after the response is filed, but one is not required.

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 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.

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