Cato v. Social Security Administration

Filing 12

ORDER: To facilitate review of the administrative decision, the plaintiff is directed to file a motion for judgment based on the administrative record and an accompanying memorandum in support of the motion within twenty-eight (28) days of entry of this order. Signed by Magistrate Judge Barbara D. Holmes on 5/11/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BARBARA ANN CATO
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security 1

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No. 3:17-0382
Judge Crenshaw/Holmes

ORDER
This action was filed pursuant to 42 U.S.C. § 405(g). The Commissioner has responded
by filing an answer and the certified record. Therefore, the filing of a motion for judgment
based on the administrative record is appropriate and necessary for the Magistrate Judge’s
Report and Recommendation.
To facilitate review of the administrative decision, the plaintiff is directed to file a
motion for judgment based on the administrative record and an accompanying memorandum
in support of the motion within twenty-eight (28) days of entry of this order. 2 The plaintiff’s
memorandum 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 the plaintiff’s age, education, work experience, a summary of the
physical and/or mental impairments alleged by the 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 specific page(s) in the record where the evidence is located. 3
1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for
former Acting Commissioner Carolyn W. Colvin as the defendant in this suit.
2
The plaintiff shall not file a motion for summary judgment, see Wilkins v. Baptist Healthcare
Sys., Inc., 150 F.3d 609, 619 (6th Cir. 1998) (Gilman, J., concurring), but rather a motion for judgment on
the administrative record.
3
In referencing the administrative record, the parties shall utilize the Bates-stamped numbers,
which are the numbers in large black print generally located on the bottom right corner of each page.

(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.
Failure to support arguments with proper factual and legal citations will result in waiver of
such arguments.
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 memorandum should conclude with a short statement of the relief sought.
Specifically, the memorandum should state whether the plaintiff seeks (1) reversal; (2) remand;
or (3) reversal or, in the alternative, remand. 4
The defendant shall, within twenty-eight (28) days of service of the plaintiff’s motion,
file a responsive brief. The defendant 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 responsive brief should raise relevant matters not put at issue by the
plaintiff and include any supplemental materials needed to support such other matters.
The defendant should include a “statement of the case,” only to the extent the defendant
contends that the plaintiff’s statement is inaccurate or incomplete.
4

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.

The plaintiff shall have fourteen (14) days after service of the defendant’s responsive
brief to file a reply brief, if necessary. The reply brief shall not exceed five (5) pages absent
permission from the Court.
Neither party is required to file Social Security Appeal Fact forms.
It is so ORDERED.

__________________________
BARBARA D. HOLMES
United States Magistrate Judge