Local Rule LR 83.40.4: Plaintiff's Brief

LR 83.40.4 Plaintiff's Brief. Plaintiff shall serve and file a brief within forty-five (45) days of service of defendant's answer that shall comply with the following requirements:

(a) Statement of the case. This statement shall briefly outline the course of the proceedings and its disposition at the administrative level and shall set forth a brief statement of pertinent facts. This statement of facts shall include plaintiff's age, education and work experience, a summary of the physical and mental impairments alleged; and a brief outline of the pertinent factual, medical and/or vocational evidence of record. Each statement of fact shall be supported by reference to the page(s) in the record where the evidence may be located.

(b) Statement of errors. This statement shall set forth in separate numbered paragraphs the specific errors committed at the administrative level which entitle plaintiff to relief. The court will consider only those errors specifically identified in the briefs. A general argument that the findings of the administrative law judge are not supported by substantial evidence is not sufficient.

(c) Argument. The argument shall be divided into sections separately addressing each issue and shall set forth the contentions of plaintiff with respect to each issue and the reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations and cases supporting plaintiff's position.

(d) Conclusion. The plaintiff's brief shall conclude with a short statement of the relief sought.