Bigglest v. Colvin

Filing 11

ORDERED that the Commissioner is to file a responsive brief within 45 days of the service of this Order. ( Brief due by 7/14/2017.) Signed by Magistrate Judge G. R. Smith on 5/30/17. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JAMES A. BIGGLEST,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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CV416-340

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ORDER
Plaintiff filed his Complaint seeking review of a final decision of the
Commissioner of Social Security in December 2016. Doc. 1 (removal
from Chatham County Superior Court). The parties were served with
the Court’s General Order in Social Security cases, explaining that
plaintiff’s opening brief must be filed within 30 days of filing the
Administrative Record. Doc. 5. The Commissioner timely answered the
Complaint and filed a copy of the Administrative Record in February
2017. Doc. 9.
After a period of inactivity, Bigglest has finally filed his response to
this Court’s Order. Doc. 10. He asserts that as a result of his military
service, he has several mental and physical impairments that prevent

him from successfully working.

Id.

He further contends that the

Commissioner failed to fully address his Veterans Administration (VA)
medical documents supporting his disability claim in denying him Social
Security benefits.

Id.; see also Administrative Transcript at 30-39

(written decision finding plaintiff not disabled after a hearing and
consideration of supplemental evidence after the hearing), id. at 1-4
(Appeals Council denial), id. at 5-27 (VA records and plaintiff’s letters
submitted in support of request for review by Appeals Council).
The Court, and thus the Commissioner, will construe this response
as plaintiff’s Opening Brief setting forth his entitlement to judicial
review of the Commissioner’s denial of benefits. The Commissioner is
therefore ORDERED to file her responsive brief within 45 days of
service of this Order, specifically addressing plaintiff’s contention the VA
records submitted in support of his disability claim were insufficiently
considered by the ALJ and Appeals Council. See tr. at 5-27;
SO ORDERED, this 30th day of May, 2017.

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