Osborne-Moore v. Social Security Administration et al

Filing 13

ORDER: 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 defendant shall, within twenty -eight (28) days of service of the plaintiff's brief, file a brief in response. The plaintiff has fourteen (14) days after service ofthe defendant's response to file a reply brief. Neither party is required to file motions for summary judgment or Social Security Appeal Fact forms. Signed by Magistrate Judge Joe Brown on 8/26/2014. (xc: Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MELANIE F. OSBORNE-MOORE,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN, Commissioner )
of Social Security
)

NO. 3:14-cv-1309
Judge CAMPBELL/BROWN

O R D E R
This action was filed pursuant to 42 U.S.C. § 405(g). The
Commissioner

has

responded

administrative record.

by

filing

an

answer

and

the

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)
outline

the

Statement of the Case.
course

administrative level.

of

proceedings

This statement shall briefly
and

disposition

at

the

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

statement of the relief sought.

should

conclude

with

a

short

Specifically, the brief should

state whether the plaintiff seeks (1) reversal; (2) remand; or
(3) reversal or, in the alternative, remand.1

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
2

The defendant shall, within twenty-eight (28) days of
service of the plaintiff's brief, file a brief in response.
defendant's brief
raised

by

the

each

response

upon

and

supporting

by

shall

plaintiff.
by

The

specifically
defendant

to

shall

each
also

issue
support

reference to the portion of the record relied

citations

the

respond

The

of

defendant's

statutes,
position.

regulations,

and

cases

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 fourteen (14) days after service of
the 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

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.
3