GARY S. AUSTIN, Magistrate Judge.
Plaintiff Margarita Calixtro ("Plaintiff") seeks judicial review of an administrative decision of the Commissioner of Social Security which denied, in whole or in part, her claim for benefits under the Social Security Act. At a status conference held on October 17, 2014, Plaintiff informed the Court that she has elected to proceed pro se, upon the withdrawal of her attorney on September 10, 2014. Accordingly, the Court advised Plaintiff of her responsibility to timely file her opening brief. The Court set a deadline of December 19, 2014 to file her opening brief.
This order contains important information regarding the briefing of this appeal to the Court. The Court strongly suggests that Plaintiff read and re-read this order and keep it readily available for future reference.
Plaintiff's opening brief must be filed and served no later than December 19, 2014. Plaintiff must serve a copy of the opening brief on all the attorneys listed for defendant on the court docket of the case as follows:
AND
Plaintiff must also file the original opening brief, together with a copy, with the Court, either by personal delivery at, or via U.S. mail to, the following address:
Plaintiff's opening brief
(1) A plain description of Plaintiff's alleged physical or emotional impairments, when plaintiff contends they became disabling, and how they disabled Plaintiff and prevented her from working;
(2) A summary of the administrative proceedings that took place before the Social Security Administration;
(3) A summary of the relevant testimony at the administrative hearing;
(4) A summary of all relevant medical evidence, including an explanation of the significance of clinical and laboratory findings and the purpose and effect of prescribed medication and therapy;
(5) A recitation of the Administrative Law Judge's findings and conclusions relevant to Plaintiff's claims;
(6) A short, separate factual statement regarding each of Plaintiff's legal claims with reference to either the evidence (or lack thereof) regarding the administrative finding pertinent to that claim or to the deficient legal standards applied by the administrative law judge in reaching the relevant conclusions regarding each claim; and
(7) Distinct legal arguments addressing each claimed error in the administrative law judge's decision.
All references to the administrative record and all assertions of fact must be accompanied by citations to the appropriate page(s) in the administrative record. The arguments regarding each claim of error must be supported by citations to proper legal authorities and an explanation of how the legal authorities cited apply to the facts of the claim at issue.
Pursuant to the Scheduling Order, defendant's responsive brief shall be filed and served on Plaintiff within
Plaintiff may file a reply brief, but is not required to do so, within
Plaintiff's reply brief should respond to the arguments made in defendant's responsive brief.
The Court will consider the merits of the case only after all briefs have been filed, and may enter a judgment affirming, modifying, or reversing the determination of the Social Security Administration. The Court may or may not remand the case to the Social Security Administration for further proceedings.
Plaintiff is informed of the following:
A. In litigating this action, the parties
Local Rule 206 is a special rule for social security actions. Specifically (a)(2) and (3) generally states that complaints shall contain the last four digits of plaintiff's social security number only, i.e., XXX-XX-1234, and that plaintiff shall privately disclose to defendant, within five (5) days after a request is made to plaintiff, the full social security number of plaintiff.
Therefore, plaintiff shall refrain from disclosing the entire social security number on any filings.
B. Documents intended to be filed with the Court must be mailed to the Clerk of the Court in Fresno, CA, at the address noted above. See Local Rule 5-134(a).
C. Each document submitted for filing
D. All documents filed with the Court
E. After any defendant has appeared in an action by filing a pleading responsive to the complaint (i.e., an answer or a motion to dismiss), all documents filed with the Court
F. A pro se party has an affirmative duty to keep the Court and opposing parties apprised of a current address. If Plaintiff moves and fails to file a notice of change of address, service of court orders at plaintiff's prior address shall constitute effective notice.