In cases pursuant to 42 U.S.C. § 405(g) that present an individual claim seeking
judicial review of decisions by the Commissioner of Social Security, the parties must
observe the following briefing procedures, rather than filing motions/cross-motions for
summary judgment:
(a) Certified Administrative Record. The Certified Administrative Record
shall serve as the Commissioner’s Answer, unless a separate answer is timely filed.
(b) Opening Brief. Within thirty (30) days after the answer is filed or thirty
(30) days after entry of an order disposing of the last remaining motion filed under Rule
4(c) of the Supplemental Social Security Rules, whichever is later, Plaintiff must file an
opening brief addressing why the Commissioner’s decision is not supported by
substantial evidence or why the decision should otherwise be reversed or the case
remanded. Plaintiff’s opening brief must set forth all alleged errors. The brief must also
contain, under appropriate headings and in the order indicated below, the following:
(1) A statement of the issues presented for review, set forth in separate
numbered paragraphs.
(2) A statement of the case. This statement should indicate briefly the
course of the proceedings and its disposition at the administrative level.
(3) A statement of facts. This statement of the facts must include
Plaintiff’s age, education, and work experience; a summary of the physical and mental
impairments alleged; a brief outline of the medical evidence; and a brief summary of
other relevant evidence of record. Each statement of fact must be supported by reference
to the page in the record where the evidence may be found.
(4) An argument. The argument, which may be preceded by a
summary, must be divided into sections separately treating each issue. Each contention
must be supported by specific reference to the portion of the record relied upon and by
citations to statutes, regulations, and cases supporting Plaintiff’s position. If any
requested remand is for the purpose of taking additional evidence, such evidence must be
described in the opening brief, and Plaintiff’s argument must show that the additional
evidence is material and that there is good cause for the failure to incorporate such
evidence into the record in a prior proceeding. If such additional evidence is in the form
of a consultation examination sought at Government expense, Plaintiff’s opening brief
must make a proffer of the nature of the evidence to be obtained.
(5) A short conclusion stating the relief sought.
(c) Answering Brief. Defendant must file an answering brief within thirty
(30) days after service of Plaintiff’s opening brief. Defendant’s brief must (1) respond
specifically to each issue raised by Plaintiff and (2) conform to the requirements set forth
above for Plaintiff’s brief, except that a statement of the issues and a statement of the
case and a statement of the facts need not be made unless Defendant is dissatisfied with
Plaintiff’s statement thereof.
(d) Reply Brief. Plaintiff may file a reply brief within fourteen (14) days after
service of Defendant’s brief.
(e) Length of Briefs. Unless otherwise ordered by the Court, the opening and
answering briefs may not exceed twenty-five (25) pages, including any statement of facts,
with the reply brief limited to eleven (11) pages. The case will be deemed submitted as
of the date on which Plaintiff’s reply brief is filed or due.
(f) Oral Argument. If either party desires oral argument, it must be requested
in the manner prescribed by Rule 7.2(f) of the Local Rules of Civil Procedure upon the
filing of the opening or answering brief. Whether to allow oral argument is at the
discretion of the Court.
