Jolley v. Astrue

Filing 24

ORDER - ORDERED that Defendant shall file a reply to 17 Motion to Remand to Social Security Administration within fourteen (14) days. FURTHER ORDERED that Plaintiff shall file a sur-reply within 28 days. Signed by Senior Judge James A Teilborg on 12/19/2013. (TLB)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Tamra Ann Jolley, Plaintiff, 10 11 vs. 12 Carolyn W. Colvin, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 12-2447-PHX-JAT ORDER 15 16 Plaintiff in this case applied for and was denied social security disability benefits. 17 Plaintiff appealed that denial to this Court. On appeal, Defendant has conceded error and 18 asked this Court to remand to the agency for further findings. Plaintiff argues that remand 19 should be for an immediate award of benefits and not for further findings. 20 The Court has reviewed the motion to remand and the response (the Government did 21 not file a reply). Unfortunately the motion and the response are on completely different 22 topics. Specifically, the motion to remand claims that the Administrative Law Judge (ALJ) 23 erred in several respects regarding Plaintiff’s mental limitations. Conversely, the response 24 argues that regardless of the errors the ALJ committed on the mental limitations, the ALJ’s 25 errors regarding Plaintiff’s physical limitations (as recounted by her treating physicians, 26 herself, and third parties) alone justify a remand for award of benefits. Plaintiff then argues 27 that the ALJ’s errors as admitted by Defendant regarding mental limitations do not justify 28 remand for a completely new determination on the physical limitations. Again, Defendant 1 did not file a reply to address any of these arguments. 2 Because the parties’ briefs are on completely different topics, the Court will require 3 supplemental briefing. First, Defendant will be required to file a reply to address the alleged 4 errors regarding Plaintiff’s physical limitations. Second, Plaintiff will be required to file a 5 sur-reply addressing: 1) if the Court agrees that the ALJ committed errors regarding 6 Plaintiff’s physical limitations, the appropriate remedy applying the standard set out in 7 Agnew-Currier v. Astrue, 875 F.Supp.2d 967 (D. Ariz. 2012); and 2) if the Court affirms the 8 ALJ’s findings on the physical limitations, the remedy sought by Plaintiff on the admitted 9 errors with respect to the mental limitations. 10 Accordingly, 11 IT IS ORDERED that Defendant shall file a reply within 14 days. 12 IT IS FURTHER ORDERED that Plaintiff shall file a sur-reply within 28 days. 13 DATED this 19th day of December, 2013. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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