Gaskin v. Astrue

Filing 6

ORDER stating that counsel for the parties will submit briefs in accordance with the additional requirements set forth in this Order. Signed by Magistrate Judge G. R. Smith on 6/28/2011. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
BUD GASKIN,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No. CV611-028

ORDER
Pursuant to 28 U.S.C. § 636(b) and this Court's Local Rule 72.3(a),
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.
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 issue.
Arguments in the briefs should be short and succinct, citing by page
in the transcript the necessary evidentiary support. Inasmuch as this
circuit has formulated a fair body of law in social security cases, citations to

Eleventh and former Fifth Circuit decisions will be expected. Bonner v.
City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981). CITE CASES
FROM OTHER CIRCUITS ONLY WHERE THERE IS NO ELEVENTH
CIRCUIT AUTHORITY OR IF IN ACCORDANCE WITH THIS CIRCUIT'S
PRECEDENTS. BRIEFS FAILING TO COMPLY WITH THIS
DIRECTIVE WILL BE DEEMED NONRESPONSIVE AND MAY BE
RETURNED BY THE COURT.
Requests for remand 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. Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Counsel are advised to read the discussion of remands set forth in Newsome
v. Shalala, 8 F. 3d 775 (11th Cir. 1993). Any requests for remand not clearly
designated as proceeding under one or the other sentence will be deemed
vague and unresponsive. The opposing party shall promptly make known
its opposition or acquiescence to any request for remand.
Requests for extensions of time to file briefs, particularly by the
Commissioner, will also be closely examined. The Commissioner under our
Local Rules receives 100 days to file a response to plaintiff’s complaint.
Local Rule 12.1. The Court recognizes that from time to time requests for
2

an enlargement of time to file a brief are unavoidable, and these requests
will be liberally extended. Since social security cases deal with physical
problems which often 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 days from the entry of this Order, plaintiff shall
serve and file a brief setting forth all errors which plaintiff contends entitle
the plaintiff to relief. The brief shall contain under the appropriate
headings and in the order here indicated:
(a)

A statement of the issues presented for review, set forth

in separate numbered paragraphs.
(b) A statement of the case. This statement should indicate
briefly the course of the proceedings and its disposition at the
administrative level and should set forth a general statement of the facts.
This statement of facts shall include plaintiff's age, education, and work
experience; a summary of physical and mental impairments alleged; a brief
3

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 therefor. 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
plaintiff's position. Citations to unreported appellate or 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 days after service of plaintiff's 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 plaintiff's 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.
4

(3) Plaintiff may file a brief in reply to the brief of defendant within
fifteen days of service of defendant's brief.
Let a copy of this Order be served upon counsel for the parties.
SO ORDERED this 28th day of June, 2011.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

5