Sturgal v. Commissioner of Social Security Administration

Filing 13

MEMORANDUM AND ORDER to Submit Motion for Summary Judgment. It is ordered that defendant shall submit a motion for summary judgment and a transcript of administrative proceedings on or before 1/29/10. Signed by Magistrate Judge Earl S. Hines on 9/3/09. (mrp, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DIVISION OF TEXAS BEAUMONT DIVISION

N o . 1:09-CV-388

D a v id D. Sturgal P la in t if f v. M ic h a e l J. Astrue, Commissioner of Social Security D e fe n d a n t

M e m o r a n d u m and Order to Submit M o ti o n for Summary Judgment

P la in t iff seeks judicial review of denial of application for Social Security d is a b ilit y insurance benefits by defendant. The case has been referred to the u n d e r s ig n e d United States Magistrate Judge for review, hearing if deemed n e c e s s a r y , and submission of a report with recommended findings and c o n c lu s io n s . See 28 U.S.C. § 636(b)(1)(B) (2003) and Loc. R. CV-72 & App. B, R .1 (H ) for the Assignment of Duties to United States Magistrate Judge. C o m p la i n t s for review of final decisions of the Commissioner are t r e a t e d as appeals. In the typical case, an order directing the filing of

plaintiff's brief, defendant's response, and any reply briefs is entered after the C o m m is s io n e r answers the complaint. However, plaintiff proceeds pro se in this m a t t e r . The court therefore deems it to be in the interests of justice to adopt a p r o c e d u r e it has previously utilized in such circumstances. It is O R D E R E D that defendant shall submit a motion for summary judgment a n d a transcript of administrative proceedings on or before January 29, 2010. T h e motion shall contain under the appropriate headings and in the order here in d ic a te d : A. Statement of the Issues. This statement should set forth in s e p a r a t e numbered paragraphs all of the bases which defendant c o n t e n d s support the motion. S t a t e m e n t of the Case. This statement should indicate briefly the c o u r s e of the proceeding and its disposition at the administrative le v e l and should set forth a general statement of facts. This s t a t e m e n t of facts shall include: i. ii. iii. iv . p la in t iff's age, education, and work experience; a summary of the physical and mental impairments alleged; a brief outline of the medical evidence; and a brief summary of other evidence of record.

b.

E a c h statement of fact shall be supported by reference to the page in the record where the evidence may be found. C. Argument. The argument shall be divided into sections separately t r e a t in g each issue and shall set forth the contentions of the d e fe n d a n t with respect to the issues presented. Each contention s h a ll be supported by specific reference to the portion of the record r e lie d upon and by citations to statutes, regulations, and cases s u p p o r t in g plaintiff's position. Conclusion. A short conclusion stating the relief sought.

D.

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It is further O R D E R E D that plaintiff shall file a response to defendant's motion w it h in 21 days after service. Plaintiff's brief shall conform to the requirements s e t forth above for defendant's motion, except that a statement of the issues and a statement of the case need not be made if plaintiff is satisfied with defendant's s t a t e m e n t thereof. It is further O R D E R E D that the Clerk serve a copy of this Order on plaintiff and on t h e United States Attorney for the Eastern District of Texas, who is DIRECTED t o serve a copy of this order upon the Commissioner and upon all appropriate n a t io n a l and regional offices. A fte r all briefs are filed, the undersigned will review them, and the a d m in is t r a t iv e record with reference to the issues the parties have presented for d e c is io n . The undersigned's report and recommendation to the presiding judge w ill be based on the issues identified and argued in the briefs. Any issue not r a is e d and discussed in the briefs will be deemed waived. I f the briefs do not adequately define or discuss the issues in controversy, o r a l arguments may be scheduled. If oral argument is required, a date will be s e t and the parties will be notified by separate order. N o further scheduling order will be entered in this matter.

3 S I G N E D this _____ day of September, 2009.

_ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ Earl S. Hines U n it e d States Magistrate Judge

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