Peters v. Commissioner of Social Security

Filing 11

CASE ORDER. Plaintiff's Brief due on or before February 21, 2023. Commissioner's Brief to be filed and served on Plaintiff within 30 days after service of Plaintiff's Brief. Signed by Magistrate Judge Julie S. Sneed on 1/19/2023. (AKA)

Case 8:22-cv-02665-JSS Document 11 Filed 01/19/23 Page 1 of 5 PageID 947

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KELLY PETERS,
Plaintiff,
v.

Case No: 8:22-cv-2665-JSS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________________/
ORDER 1
This is an action seeking review of the determination of the Commissioner of
the Social Security Administration. The case is at issue, and in accordance with the
provisions of 42 U.S.C. § 405(g), the Commissioner has filed her Answer to the
Complaint and a certified copy of the transcript of the record before the agency. To
facilitate the prompt disposition of this case by the court, the parties shall prepare and
file briefs as contemplated by Rules 6, 7, and 8 of the Supplemental Rules for Social
Security Actions Under 42 U.S.C. § 405(g) in accordance with this order.
I.

Briefing Schedule
As provided by Supplemental Rule 6, Plaintiff must file and serve on the

The Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) became effective on
December 1, 2022. The Federal Rules of Civil Procedure and the Local Rules also apply to this
proceeding except to the extent they are inconsistent with the supplemental rules. The parties must
review the supplemental rules to determine the governing deadlines, including the deadline to file
Plaintiff’s brief, the Commissioner’s brief, and Plaintiff’s reply brief.

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Commissioner a brief discussing the relief requested within 30 days after the answer is
filed or 30 days after entry of an order disposing of the last remaining motion filed
under Rule 4(c), whichever is later.

Pursuant to Supplemental Rule 7, the

Commissioner must file a brief and serve it on Plaintiff within 30 days after service of
Plaintiff’s brief.

Plaintiff may file a reply within 14 days after service of the

Commissioner’s brief pursuant to Supplemental Rule 8.
II.

Briefing Format
The parties’ briefs should generally contain the sections listed below. The briefs

must conform to the formatting and page limit requirements set forth in the Middle
District of Florida’s Local Rules. See M.D. Fla. Local R. 1.08, 3.01(a), (b), & (d).
A.

Procedural History

The parties’ briefs should include a statement of the procedural history of this
matter before the Social Security Administration and any previous proceedings in the
federal courts, including citations to the page number(s) of the transcript or the docket
number of the court file at which each decision by the Administrative Law Judge, the
Appeals Council, or a federal court can be found.
B.

Facts

The parties’ briefs should include a statement of the facts relevant to the issues
submitted for review.

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C.

Statement of Jurisdiction

The parties’ briefs should include a concise statement of the statutory or other
basis of jurisdiction of this court with citations to the appropriate authority, including
whether the case arises under the Social Security, Old Age, Survivors and Disability
Insurance program, 42 U.S.C. §§ 401 et seq.; or the Supplemental Security Income for
Aged, Blind and Disabled program, 42 U.S.C. §§ 1382 et seq.
D.

Standard of Review

The court is familiar with the standard of review and the sequential evaluation
process, so the parties should avoid boilerplate discussions of the governing legal
standards. A short and plain statement of the standard of review, as stated by the
United States Supreme Court or the United States Court of Appeals for the Eleventh
Circuit, is sufficient.
E.

Statement of the Issues

Each party shall provide a numbered list of the issues presented for review.
F.
i.

Argument
Plaintiff’s Brief

Each claim, as identified in the Statement of the Issues, should be listed in a
separate subheading and be supported by its factual basis and citation to relevant
authority. Each assertion of fact must be supported by citation to the record. The
court does not require extensive summaries of the record or the medical evidence. If
a discussion is warranted, the relevant portion of the record should be described and

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argued concisely, along with pinpoint citations to the record. Any legal or factual
claim not supported by citation or raised in a perfunctory or conclusory manner is
considered waived.
ii.

Commissioner’s Response Brief

The Commissioner must respond to each claim for relief in sections that
correspond directly to Plaintiff’s claims for relief and include citation to relevant
authority. If the Commissioner fails to respond directly to a claim, the court will
consider that claim unopposed. Each assertion of fact must be supported by citation
to the record. The court does not require extensive summaries of the record or the
medical evidence—if a particular portion of the record relates to a particular claim for
relief, that portion of the record should be described and argued concisely in the
relevant numbered section, along with pinpoint citations to the record.
iii.

Plaintiff’s Reply Brief

Plaintiff’s reply may only respond to legal or factual assertions raised in the
Commissioner’s brief. Plaintiff may assert no new legal theory or claim for relief in
Plaintiff’s reply brief. As with Plaintiff’s brief, each assertion of law or fact must be
supported by pinpoint citation.
III.

Oral Argument
Oral argument may be requested by separate motion. Motion practice under

Federal Rules of Civil Procedure 12(c) (judgment on the pleadings) or Rule 56
(summary judgment) is considered inappropriate.

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IV.

Extensions of Time
If the parties have not consented to the undersigned’s jurisdiction in this matter,

each party will receive no more than one extension of time for a period of no more
than 45 days to allow time for issuance of a Report and Recommendation, objections,
responses to objections, and consideration of the Report and Recommendation by the
District Judge. If the parties have consented to the undersigned’s jurisdiction, further
extensions will be considered, if necessary.
ORDERED in Tampa, Florida, on January 19, 2023.

Copies furnished to:
Counsel of Record

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