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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tamra Ann Jolley,
Plaintiff,

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vs.

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Carolyn W. Colvin,
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Defendant.
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No. CV 12-2447-PHX-JAT
ORDER

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Plaintiff in this case applied for and was denied social security disability benefits.

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Plaintiff appealed that denial to this Court. On appeal, Defendant has conceded error and

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asked this Court to remand to the agency for further findings. Plaintiff argues that remand

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should be for an immediate award of benefits and not for further findings.

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The Court has reviewed the motion to remand and the response (the Government did

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not file a reply). Unfortunately the motion and the response are on completely different

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topics. Specifically, the motion to remand claims that the Administrative Law Judge (ALJ)

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erred in several respects regarding Plaintiff’s mental limitations. Conversely, the response

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argues that regardless of the errors the ALJ committed on the mental limitations, the ALJ’s

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errors regarding Plaintiff’s physical limitations (as recounted by her treating physicians,

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herself, and third parties) alone justify a remand for award of benefits. Plaintiff then argues

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that the ALJ’s errors as admitted by Defendant regarding mental limitations do not justify

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remand for a completely new determination on the physical limitations. Again, Defendant

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did not file a reply to address any of these arguments.

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Because the parties’ briefs are on completely different topics, the Court will require

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supplemental briefing. First, Defendant will be required to file a reply to address the alleged

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errors regarding Plaintiff’s physical limitations. Second, Plaintiff will be required to file a

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sur-reply addressing: 1) if the Court agrees that the ALJ committed errors regarding

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Plaintiff’s physical limitations, the appropriate remedy applying the standard set out in

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Agnew-Currier v. Astrue, 875 F.Supp.2d 967 (D. Ariz. 2012); and 2) if the Court affirms the

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ALJ’s findings on the physical limitations, the remedy sought by Plaintiff on the admitted

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errors with respect to the mental limitations.

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Accordingly,

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IT IS ORDERED that Defendant shall file a reply within 14 days.

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IT IS FURTHER ORDERED that Plaintiff shall file a sur-reply within 28 days.

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DATED this 19th day of December, 2013.

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