United States District Court, D. Nevada
DONNA L. GRAY, Plaintiff(s),
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant(s).
J. KOPPE UNITED STATES MAGISTRATE JUDGE.
case involves judicial review of administrative action by the
Commissioner of Social Security, denying Plaintiff's
claim for Social Security benefits. The Court recognizes that
many of these cases have a number of factors in common:
cases rarely, if ever, require proceedings in the nature of a
trial. Instead, these cases are usually resolved by
cross-motions to reverse or remand and to affirm the
Sometimes the plaintiff submits new medical reports to the
court in support of a request for remand at such a late date
in the proceedings as to cause an unnecessary and undesirable
delay in the rendering of a decision by the court.
transcript of the evidence adduced at the administrative
hearing frequently contains the words “inaudible”
or “unintelligible” in some places, and the
administrative record sometimes contains documents which are
illegible. These parts of the administrative record may or
may not relate to the question of whether the
Commissioner's decision is supported by substantial
These cases are automatically assigned to the United States
Magistrate Judge for preparation of a Report and
Recommendation to the United States District Judge.
IT IS ORDERED:
Defendant shall submit an electronic courtesy copy of the
administrative record, under seal, to CM/ECF within seven (7)
days of the filing of this Order. The courtesy copy shall be
filed in a searchable PDF format with each exhibit linked
separately and Optical Character Recognition performed.
the event Plaintiff intends to request a remand of this case
on the basis of new medical evidence, Plaintiff shall, within
thirty (30) days of the filing of this Order, file a motion
to remand in this Court based on new evidence. The new
evidence shall be attached to the motion. A copy of the
motion and medical evidence shall be served on:
United States Attorney 501 Las Vegas Boulevard South, Suite
1100 Las Vegas, NV 89101
the event Plaintiff files a motion for remand on the basis of
new evidence, Defendant shall have thirty (30) days from the
date of service of such motion to file either a notice of
voluntary remand of the case or points and authorities in
opposition to Plaintiff's motion. If Defendant files
points and authorities in opposition, Plaintiff shall have
twenty (20) days from the date of service of such points and
authorities to file a reply.
Pursuant to 42 U.S.C. § 405(g), remand for
reconsideration of new evidence will not be granted unless
the evidence is new and material and there is a showing of
good cause for failure to incorporate the evidence into the
record at an earlier stage. Therefore, if Plaintiff seeks
remand for consideration of new evidence, the motion shall
include a statement of reasons why the new evidence was not
incorporated into the record at an earlier stage.
the event Plaintiff does not file a motion to remand on the
basis of new medical evidence, Plaintiff shall, within thirty
(30) days of this Order, file with this court a motion for
reversal and/or remand.
Whenever Plaintiff files a motion for reversal and/or remand,
which includes issues based on the administrative ...