Christian v. Social Security Administration

Filing 11

ORDER: 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. Defendant shall, within 30 days of service of the plaintiff's brief, file a brief in response. Plaintiff has 20 days after service of the defendant's response to file a reply brief. Signed by Magistrate Judge Joe Brown on 6/30/10. (dt)

Christian v. Social Security Administration

Doc. 11

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CYNTHIA L. CHRISTIAN ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, Commissioner ) of Social Security )

NO. 3:10-00455 Judge NIXON/BROWN

ORDER This action was filed pursuant to 42 U.S.C. § 405(g). The Commissioner has responded by filing an answer. 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. following: (a) outline the Statement of the Case. course of proceedings This statement shall briefly and disposition at the The plaintiff's brief shall include 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,

Dockets.Justia.com

medical, and vocational evidence in the record.

Each statement of

fact should be supported by reference to the page(s) in the transcript 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 A general allegation that the ALJ's

identified in the briefs.

findings are unsupported by substantial evidence is insufficient. Each specific error alleged should be supported by

reference to the portion of the transcript 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 alternative, remand.1

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. 2

1

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 plainti ff. 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." The

statement shall set forth a brief statement of relevant facts to include 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 transcript record where the evidence is located. Further, it is unacceptable for the Defendant

to simply adopt the facts as stated in the hearing decision made by the Administrative Law Judge without, at a minimum, providing these facts and their corresponding transcript, not exhibit, page

references.

Simply adopting the facts as stated by the ALJ may

result in the Magistrate Judge ordering the Defendant to file a complete statement of facts. The plaintiff has twenty (20) days after service of the

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. 3

defendant's response to file a reply brief.

The reply brief shall

not exceed ten (10) pages absent permission of the Court. Neither party is required to file motions for summary judgment or Social Security Appeal Fact forms. It is so ORDERED.

/s/ Joe B. Brown JOE B. BROWN United States Magistrate Judge

4