United States District Court, M.D. Tennessee, Nashville Division
BARBARA D. HOLMES United States Magistrate Judge.
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
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. The plaintiff's memorandum shall
include the following:
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.
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.
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.
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.
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,
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.
defendant should include a “statement of the case,
” only to the extent the defendant contends that the
plaintiff's statement is inaccurate or incomplete.
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.
party is required to file Social ...