Geer v. Colvin

Filing 18

ORDER that Plaintiff shall file a motion to remand by 11/14/2016. Signed by Magistrate Judge Nancy J. Koppe on 10/13/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMIA M. GEER,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, COMMISSIONER OF )
SOCIAL SECURITY,
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Defendant.
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__________________________________________)

Case No. 2:16-cv-00542-GMN-NJK
ORDER

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This case involves judicial review of administrative action by the Commissioner of Social

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Security, denying Plaintiff’s claim for Social Security benefits. The Court recognizes that many of

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these cases have a number of factors in common:

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1.

Such cases rarely, if ever, require proceedings in the nature of a trial. Instead, these

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cases are usually resolved by cross-motions to reverse or remand and to affirm the Commissioner’s

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decision.

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2.

Sometimes the plaintiff submits new medical reports to the court in support of a

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request for remand at such a late date in the proceedings as to cause an unnecessary and undesirable

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delay in the rendering of a decision by the court.

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3.

The transcript of the evidence adduced at the administrative hearing frequently

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contains the words “inaudible” or “unintelligible” in some places, and the administrative record

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sometimes contains documents which are illegible. These parts of the administrative record may

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or may not relate to the question of whether the Commissioner’s decision is supported by substantial

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evidence.

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4.

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These cases are automatically assigned to the United States Magistrate Judge for

preparation of a Report and Recommendation to the United States District Judge.

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THEREFORE, IT IS ORDERED:

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1.

In the event Plaintiff intends to request a remand of this case on the basis of new

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medical evidence, Plaintiff shall, within thirty (30) days of the filing of this Order (November 14,

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2016), file a motion to remand in this Court based on new evidence. The new evidence shall be

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attached to the motion. A copy of the motion and medical evidence shall be served on:

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United States Attorney

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501 Las Vegas Boulevard South, Suite 1100

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Las Vegas, NV 89101

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2.

In the event Plaintiff files a motion for remand on the basis of new evidence,

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Defendant shall have thirty (30) days from the date of service of such motion to file either a notice

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of voluntary remand of the case or points and authorities in opposition to Plaintiff’s motion. If

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Defendant files points and authorities in opposition, Plaintiff shall have twenty (20) days from the

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date of service of such points and authorities to file a reply.

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3.

Pursuant to 42 U.S.C. § 405(g), remand for reconsideration of new evidence will not

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be granted unless the evidence is new and material and there is a showing of good cause for failure

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to incorporate the evidence into the record at an earlier stage. Therefore, if Plaintiff seeks remand

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for consideration of new evidence, the motion shall include a statement of reasons why the new

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evidence was not incorporated into the record at an earlier stage.

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4.

In the event Plaintiff does not file a motion to remand on the basis of new medical

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evidence, Plaintiff shall, within thirty (30) days of this Order (November 14, 2016), file with this

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court a motion for reversal and/or remand.

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5.

Whenever Plaintiff files a motion for reversal and/or remand, which includes issues

based on the administrative record, Plaintiff’s motion shall include:
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A specification of each and every condition or ailment, or combination

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thereof, that allegedly renders Plaintiff disabled and is allegedly supported by evidence contained

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in the administrative record.

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b.

A complete summary of all medical evidence in the record that supports

Plaintiff’s claim of disability due to each condition or ailment specified in subparagraph 6a above,

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with precise references to the applicable portions of the record. This summary shall not include

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medical evidence unrelated to the conditions or ailments upon which Plaintiff’s claim or claims of

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disability are based. It shall be sufficient compliance with this subparagraph if Plaintiff shall

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stipulate that the Administrative Law Judge fairly and accurately summarized the evidence

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contained in the administrative record.

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c.

A complete summary of all medical evidence in the record that supports

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Plaintiff’s claim of disability due to each condition or ailment specified in subparagraph 5a above,

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with precise references to the applicable portions of the record. This summary shall not include

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medical evidence unrelated to the conditions or ailments upon which Plaintiff’s claim or claims of

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disability are based. It shall be sufficient compliance with this subparagraph if Plaintiff shall

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stipulate that the Administrative Law Judge fairly and accurately summarized the evidence adduced

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at the administrative hearing.

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d.

With respect to each condition or ailment specified in subparagraph 5a above,

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a complete but concise statement as to why the record does not contain substantial evidence to

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support Defendant’s conclusion that Plaintiff is not disabled by each such condition or ailment, or

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combination thereof.

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6.

If Defendant has not filed a notice of voluntary remand and the issues in question

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relate to the administrative record, Defendant, within thirty (30) days after being served with

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Plaintiff’s motion for reversal and/or remand, shall file a cross-motion to affirm which will be

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considered an opposition to Plaintiff’s motion. This motion shall include:

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a.

With respect to each disabling condition or ailment specified by Plaintiff, a

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complete summary of all medical evidence in the record that Defendant contends constitutes

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substantial evidence to support the administrative determination that Plaintiff is not entitled to the

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benefits in question. This summary shall not include medical evidence unrelated to conditions or

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ailments upon which Plaintiff’s claim or claims of disability are based. It shall be sufficient

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compliance with this subparagraph if Defendant shall stipulate that the Administrative Law Judge

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fairly and accurately summarized the evidence contained in the record.

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b.

With respect to each disabling condition or ailment specified by Plaintiff, a

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complete summary of all testimony adduced at the administrative hearing, including the

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Administrative Law Judge’s findings, if any, concerning the credibility of witnesses, which

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Defendant contends constitutes substantial evidence to support the administrative determination that

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Plaintiff is not entitled to the benefits in question. It shall be sufficient compliance with this

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subparagraph if Defendant shall stipulate that the Administrative Law Judge fairly and accurately

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summarized the testimony adduced at the administrative hearing.

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c.

A statement as to whether there are any inaccuracies in the summaries filed

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by Plaintiff. If Defendant believes Plaintiff’s summaries are inaccurate, Defendant shall set forth

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what additions or corrections are required (with appropriate references to the record) in order to

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make the summaries accurate.

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d.

The lay definitions of all medical terms contained in the record necessary to

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be understood in order to determine whether Defendant’s decision is supported by substantial

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evidence.

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7.

The motions filed by Plaintiff and Defendant pursuant to paragraphs 5 and 6 of this

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Order, respectively, shall also contain appropriate points and authorities dealing with the specific

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legal issues involved in this case, rather than principles of law applicable to Social Security cases

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in general.

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8.

Plaintiff shall be deemed to have acceded to the accuracy of the summaries supplied

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by Defendant in response to subparagraphs 6a and 6b of this Order, and to all definitions of medical

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terms supplied by Defendant with respect to subparagraph 6d of this Order, unless within twenty

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(20) days after being served with Defendant’s motion to affirm Plaintiff shall file and serve a

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document setting forth:

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a.

In what manner the summaries are inaccurate;

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b.

What additions or corrections are required (with appropriate references to the

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record) in order to make the summaries accurate; and/or

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c.

Any definitions of the medical terms that Plaintiff contends are more accurate

than the definitions supplied by Defendant.
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The motions filed by both Plaintiff and Defendant shall also contain the following:

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a.

A statement as to whether the transcript of the administrative hearing can be

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adequately comprehended in spite of the fact that such transcript may contain the words “inaudible”

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or “unintelligible” in one or more places, and specifying each page, if any, in which testimony

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relating to the particular issues of this case cannot be adequately comprehended.

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b.

A specification of each page in the administrative record that is partially or

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totally illegible, and a statement as to whether each such illegible page contains information relevant

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to an understanding of any issue presented in this case.

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10.

Oral argument shall be deemed waived and the case shall stand submitted unless

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argument is ordered by the Court or requested, pursuant to Local Rule 78-2, by one of the parties

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within ten (10) days following the filing of the last document required by this Court. Even if one

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or both of the parties requests oral argument, the final decision as to whether oral argument is

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warranted remains with the Court.

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11.

Failure of a party to file a motion or points and authorities required by this Order may

result in dismissal of the action or reversal of the decision of the Commissioner of Social Security.

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IT IS SO ORDERED.

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DATED: October 13, 2016

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________________________________________
NANCY J. KOPPE
United States Magistrate Judge