Baxter v. Social Security Administration et al
ORDER: The plaintiff is directed to file a motion for judgment on the administrative record supported by a brief within 30 days of entry of this order. The defendant shall, within 30 days of service of the plaintiff's brief, file a brief in response. The plaintiff has 20 days after service of the defendant's response to file a reply brief. Signed by Magistrate Judge John S. Bryant on 5/13/11. (dt)
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
RHONDA R. BAXTER
MICHAEL J. ASTRUE,
Commissioner of Social Security
This action was filed pursuant to 42 U.S.C. § 405(g). The Commissioner has responded by
filing an answer, and by filing the certified record. It appears that the filing of a motion for
judgment based upon the administrative record is appropriate and is necessary for the Magistrate
Judge’s Report and Recommendation. See Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d
609, 619 (6th Cir. 1998).
To facilitate review of the administrative decision, the plaintiff is directed to file a motion
for judgment on the administrative record supported by a brief within thirty (30) days of entry
of this order. The plaintiff's brief shall include the following:
(a) Statement of the Case. This statement shall briefly outline the course of proceedings
and disposition at the administrative level. The statement shall set forth a brief statement of relevant
facts including plaintiff's age, education, work experience, a summary of the physical and/or mental
impairments alleged by plaintiff, and an outline of the pertinent factual, medical, and vocational
evidence in the record. Each statement of fact should be supported by reference to the page(s) in
the record where the evidence is located.
(b) Statement of Errors.
This statement should set forth, in separately numbered
paragraphs, the specific errors allegedly committed at the administrative level which entitle the
plaintiff to relief. The court will consider only those errors specifically identified in the briefs. A
general allegation that the ALJ's findings are unsupported by substantial evidence is insufficient.
Each specific error alleged should be supported by reference to the portion of the record
relied upon and by citations of statutes, regulations, and cases supporting the plaintiff's position.
Relevant cases from this district and circuit should be cited. If authority on point from this
jurisdiction does not exist, cases from other districts and circuits may be cited.
The plaintiff's brief should conclude with a short statement of the relief sought. Specifically,
the brief should state whether the plaintiff seeks (1) reversal; (2) remand; or (3) reversal or, in the
The defendant shall, within thirty (30) days of service of the plaintiff's brief, file a brief in
response. The defendant's brief shall respond specifically to each issue raised by the plaintiff. The
defendant shall also support each response by reference to the portion of the record relied upon and
by citations of statutes, regulations, and cases supporting the defendant's position. In addition, the
brief should raise relevant matters not put at issue by the plaintiff and include any supplemental
materials needed to support such other matters.
Defendant should include a "statement of the case,"only to the extent defendant contends
plaintiff's statement is inaccurate or incomplete.
The plaintiff has twenty (20) days after service of the defendant's response to file a reply
brief. The reply brief shall not exceed five (5) pages absent permission of the Court.
Neither party is required to file motions for summary judgment or Social Security Appeal
In the case of a remand, the plaintiff should indicate whether the remand is being sought
pursuant to sentence four of 42 U.S.C. § 405(g) or sentence six of 42 U.S.C. § 405(g). If the
relief sought is a remand pursuant to sentence six, i.e., the plaintiff is seeking consideration of
additional evidence, the plaintiff must show that the evidence is new and material and that there
was good cause for failing to submit the evidence during the administrative proceedings.
If the plaintiff seeks another form of relief not mentioned above, the plaintiff is instructed
to state the relief sought and cite the proper authority supporting such relief.
It is so ORDERED.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge
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