Smith v. SSA
Casper Smith |
Commissioner of SSA |
6:2014cv00117 |
May 16, 2014 |
US District Court for the Eastern District of Kentucky |
London Office |
Jackson |
Amul R. Thapar |
Supplemental Security Income |
42 U.S.C. ยง 405 |
None |
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Filing 14 MEMORANDUM OPINION & ORDER: (1) The plaintiff's motion for summary judgment, R. 12 , is DENIED with regard to his durational-requirement argument and reasonable-person argument. Plaintiffs remaining arguments are DENIED WITHOUT PREJUDICE. (2) The defendant's motion for summary judgment, R. 13 , is DENIED WITHOUT PREJUDICE. (3) By Monday, November 10, 2014, the plaintiff SHALL FILE a brief that follows the Court's standing order for socia l security cases, see R. 10 . That brief may contain argument on ONLY (1) the treating-physician rule and (2) whether the ALJ considered Smith's impairments in combination. Specifically, counsel SHALL INCLUDE in his new brief: (a) C itations to the record with explanations of the relevance of those citations. (b) Application of the relevant law to the facts in the record. (4) Failure to follow the requirements in (3) may result in denial of all claims. (5) By Monday, November 24, 2014, the Commissioner MAY FILE a response. If the Commissioner does not file a response, the Court will rely on the Commissioner's current motion for summary judgment. (6) If counsel for Smith makes the "duratio nal requirement" argument before any judge in the Eastern District of Kentucky, even if presented solely in the issues presented, he MUST DISCLOSE how many times he has made the argument, the result in that case, and the result of a ny appeal. (7) If counsel files an identical brief in the future, the Court will strike the brief and order plaintiff to obtain new counsel who will give individual consideration to the case. Signed by Judge Amul R. Thapar on 10/27/2014.(KJA)cc: COR |
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Defendant: Commissioner of SSA | |
Represented By: | John S. Osborn, III |
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Plaintiff: Casper Smith | |
Represented By: | Roger Donald Riggs |
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