Ray v. Astrue

Filing 15

ORDER directing the parties to submit Supplemental Briefs on or before 11/2/2012. Signed by Magistrate Judge David S. Cayer on 10/2/2012. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL NO. 5:12CV008-RLV-DSC

MARY E. RAY,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social
Security Administration,
Defendant.

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ORDER

THIS MATTER is before the Court sua sponte upon review of Plaintiff’s “Motion for
Summary Judgment” and “Brief in Support ...” (both document #8) filed June 22, 2012; and
Defendant’s “Motion For Summary Judgment” (document #13) and “Memorandum in Support of
the Commissioner’s Decision” (document #14), both filed October 1, 2012.
The Court ORDERS the parties to submit Supplemental Briefs on or before November 2,
2012.
The Supplemental Briefs shall be confined to the issues of the standard of review applied by
the Appeals Council, and whether under that standard of review the Appeal Council’s subsequent
consideration could “render[] harmless the ALJ’s misstatement” concerning Plaintiff’s mental health
treatment. Defendant’s “Memorandum in Support of the Commissioner’s Decision” at 12-13
(document #14). See also Defendant’s Memorandum at 2, n. 2.
The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Richard L. Voorhees.

SO ORDERED.
Signed: October 2, 2012