Foskey v. Colvin
Filing
10
ORDER setting brief deadlines, (Plaintiff's Brief due by 10/19/2016). Signed by Magistrate Judge Brian K. Epps on 9/19/16. (cmr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
JOHN SCOTT FOSKEY,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.
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CV 316-038
ORDER
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Pursuant to 28 U.S.C. § 636(b) and this Court’s Local Rule 72, this appeal from the
final decision of the Commissioner of Social Security denying Plaintiff’s claim for Social
Security benefits has been referred to the Magistrate Judge for review and recommendation
as to disposition.
Defendant having filed her answer, together with a certified copy of the transcript of
the administrative proceedings, IT IS ORDERED that counsel for the parties submit briefs in
accordance with the following requirements:
(1)
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. The brief shall
contain the following sections in the order here
indicated:
(a)
Statement of the issues presented for review, set forth in
separately numbered paragraphs;
(b)
Statement of the case, to include (i) brief procedural
history and disposition at the administrative level; and
(ii) summary of material facts supported by record
citations, which should include Plaintiff’s age, education,
work experience, alleged mental and physical
impairments and related medical history;
(c)
Legal argument, supported by specific references to the
record and citations of legal authority; and
(d)
Conclusion briefly stating the relief sought.
(2)
Within forty-five days after service of Plaintiff’s brief,
Defendant shall serve and file a brief responding to each issue
raised by Plaintiff and conforming to the requirements set forth
above, 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 therefor.
(3)
Plaintiff may file a reply brief within ten days of service of
Defendant’s brief.
The issues before the Court are limited to the issues properly raised in the briefs. 1
Pursuant to Local Rule 7.1, briefs are not to exceed twenty-six pages in length
without prior written permission of the Court. The parties should cite primarily to Eleventh
Circuit authority and rely on precedent from other Circuits only as supplemental authority or
in the absence of Eleventh Circuit authority.
SO ORDERED this 19th day of September, 2016, at Augusta, Georgia.
1
Requests for remands must strictly comply with the provisions of 42 U.S.C. § 405(g).
Remands should be designated as either “sentence four” or “sentence six” remands. See Ingram
v. Comm’r of Soc. Sec. Admin., 496 F.3d 1253, 1267-68 (11th Cir. 2007).
2
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