Pittman v. Astrue

Filing 10

ORDER Directing Filing of Briefs in Appeal from Social Security Benefits Decision. Within thirty days from the entry of this Order Plaintiff shall serve and file a brief setting forth all errors which Plaintiff contends entitle him to relief; within forty-five days after service of Plaintiffs brief, Defendant shall serve and file a brief which responds specifically to each issue raised by plaintiff. Plaintiff may file a brief in reply to the brief of Defendant within fourteen days after service of Defendant's brief. Signed by Magistrate Judge James E. Graham on 5/8/2012. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

MAY -8 PM f: 37

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-1i

PERRY LAMAR PITTMAN,
Plaintiff,
V.

CIVIL ACTION NO.: CV2II-155

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

MAGISTRATE JUDGE'S ORDER DIRECTING
FILING OF BRIEFS IN APPEAL
FROM SOCIAL SECURITY BENEFITS DECISION
Pursuant to 28 U.S.C. § 636(b) and this court's Local Rule 72, this appeal from the
final decision of the Secretary of Health and Human Services denying Plaintiff's claim for
Social Security benefits has been referred to the Magistrate Judge for review and
recommendation as to disposition.
The Defendant has filed his answer, together with a certified copy of the transcript
of the administrative proceedings. Briefing is now appropriate; however, several caveats
are necessary in briefing the issues.
Arguments in the briefs should be short and succinct, citing by page in the
transcript the necessary evidentiary support. Inasmuch as the Eleventh Circuit has
formulated a fair body of law in social security cases, citations to such cases will be
expected, as well as to any Fifth Circuit cases which are still binding precedent on the
Eleventh Circuit. Bonner vs. City of Prichard, Alabama, 661 F.2d 1206, 1209 (11th Cii.
1981). ONLY CITE CASES FROM OTHER CIRCUITS WHEN THERE IS NO CIRCUIT
AUTHORITY OR IF IN ACCORDANCE WITH CIRCUIT PRECEDENCE. BRIEFS

AO 72A
(Rev. 8182)

FAILING TO COMPLY WILL BE DEEMED NONRESPONSIVE AND MAY BE
RETURNED BY THE COURT.
Requests for remands must strictly comply with the spirit of 42 U.S.C. § 405(g) as
to good cause shown. Smith vs. Bowen, 792 F.2d 1547 (11th Cir. 1986); Caulder vs.
Bowen, 791 F.2d 872 (11th Cii. 1986). The filing of medical documentation not prepared
until after the hearing, or until after judicial review under 42 U.S.C. 405(g) must be
strictly limited to comply with the law in the Eleventh Circuit regarding remands. Since the
law requires a narrow interpretation of "good cause" for remands, counsel should be
prepared to address that standard in making any such requests. Diorlo vs. Heckler, 721
F.2d 726(11th Cir. 1983).
Requests for extensions of time to file briefs, particularly by the Secretary will also
be closely examined. The Secretary under our Local Rules receives 100 days to file a
response. Local Rule 12.1. The court recognizes that from time to time requests for an
enlargement of time to file a brief are unavoidable, and these requests will be liberally
extended. Since by their nature social security cases deal with physical problems which
often times impact significantly on a claimant's ability to work and thus survive, this court
is obliged to give these cases as prompt a resolution as is possible. Your cooperation will
assist in this objective being more quickly obtained.
IT IS ORDERED that counsel for the parties submit briefs in accordance with the
following additional requirements:
(1) Within thirty (30) days from the entry of this Order, Plaintiff shall serve
and file a brief setting forth all errors which Plaintiff contends entitle him to
relief. The brief shall contain under the appropriate hearings and in the
order here indicated:
(a) A statement of the issues presented for
review, set forth in separately numbered
paragraphs.
(b) A statement of the case. This statement
should indicate briefly the course of the
proceeding and its disposition at the
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AO 72A
(Rev. 8/82)

administrative level and should set forth a
general statement of the facts. This statement
of the facts shall include Plaintiffs age,
education, and work experience; a summary of
physical and mental impairments alleged, a
brief outline of the medical evidence; and a
brief summary of other evidence of record.
Each statement of fact shall be supported by
reference to the page in the record where the
evidence may be found.
(c) An argument. The argument shall be
divided into sections separately treating each
issue and must set forth the contentions of
Plaintiff with respect to the issues presented
and reasons therefore. 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 Plaintiffs position. Citations to
unreported district court opinions must be
accompanied by a copy of the opinion.
(d) A short conclusion stating the relief sought.
The issues before the court are limited to the issues properly
raised in the briefs.
(2) Within forty-five (45) days after service of Plaintiffs brief,
Defendant shall serve and file a brief which responds
specifically to each issue raised by Plaintiff. Defendant's brief
shall conform to the requirements set forth above for
Plaintiffs brief, except that a statement of the issues and a
statement of the case need not be made unless Defendant is
dissatisfied with Plaintiff's statement thereof.
(3) Plaintiff may file a brief in reply to the brief of Defendant
within fourteen (14) days after service of Defendant's brief.
Let a copy of this Order be served upon counsel for the parties.
SO ORDERED, this V

dy

of May, 2012.

NITED STATES MAGISTRATE JUDGE

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AO 72A
(Rev. 8/82)