Carpenter v. Social Security Administration et al
ORDER: Plaintiff is directed to file a motion for judgment on the administrative record supported by a brief within 30 days of entry of this Order. Defendant shall, within 30 days of service of the Plaintiff's brief, file a brief in response. Reply briefs shall not be filed without leave of Court. Signed by Magistrate Judge E. Clifton Knowles on 1/8/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
LORENA M. CARPENTER
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY )
Civil Action No. 3:12-1059
O R D E R
This action was filed pursuant to 42 U.S.C. § 405(g).
Commissioner has responded by filing an answer, and by filing the
It appears that the filing of a motion for
judgment based upon the administrative record is appropriate and is
necessary for the Magistrate Judge’s Report and Recommendation.
See Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609, 619
(6th Cir. 1998).
To facilitate review of the administrative decision, the
administrative record supported by a brief within thirty (30) days
of entry of this Order.
The Plaintiff’s brief shall include the
Statement of the Case.
This statement shall briefly
forth a brief
statement of relevant facts including Plaintiff’s age, education,
impairments alleged by Plaintiff, and an outline of the pertinent
factual, medical, and vocational evidence in the record.
statement of fact should be supported by reference to the page(s)
in the record where the evidence is located.
Statement of Errors. This statement should set forth, in
separately numbered paragraphs, the specific errors allegedly
Plaintiff to relief.
The Court will consider only those errors
specifically identified in the briefs.
the ALJ’s findings
by substantial evidence is
Each specific error alleged should be supported by reference
to the portion of the record relied upon and by citations of
Relevant cases from this district and circuit should be cited.
If authority on point from this jurisdiction does not exist, cases
from other districts and circuits may be cited.
The Plaintiff’s brief should conclude with a short statement
of the relief sought. Specifically, the brief should state whether
the Plaintiff seeks (1) reversal; (2) remand; or (3) reversal or,
in the alternative, remand.1
The Defendant shall, within thirty (30) days of service of the
Plaintiff’s brief, file a brief in response. The Defendant’s brief
shall respond specifically to each issue raised by the Plaintiff.
The Defendant shall also support each response by reference to the
portion of the record relied upon and by citations of statutes,
regulations, and cases supporting the Defendant’s position.
addition, the brief should raise relevant matters not put at issue
by the Plaintiff and include any supplemental materials needed to
support such other matters.
Defendant should include a “statement of the case,” only to
the extent that the Defendant contends the Plaintiff’s statement is
inaccurate or incomplete.
Reply briefs shall not be filed without leave of Court.
Neither party is required to file motions for summary judgment
or Social Security Appeal Fact forms.
In the case of a remand, the Plaintiff should indicate
whether the remand is being sought pursuant to sentence four of
42 U.S.C. § 405(g) or sentence six of 42 U.S.C. § 405(g). If the
relief sought is a remand pursuant to sentence six, i.e., the
Plaintiff is seeking consideration of additional evidence, the
Plaintiff must show that the evidence is new and material and
that there was good cause for failing to submit the evidence
during the administrative proceedings.
If the Plaintiff seeks another form of relief not mentioned
above, the Plaintiff is instructed to state the relief sought and
cite the proper authority supporting such relief.
IT IS SO ORDERED.
E. CLIFTON KNOWLES
UNITED STATES MAGISTRATE JUDGE