W.D.N.C. LCvR 7.2

(a) This Rule shall apply to any action under 42 U.S.C. § 405(g) for review on the

record of a final decision of the Commissioner of Social Security that presents only an individual

claim.

(b) If the plaintiff files a motion to proceed without having to prepay the costs

associated with prosecuting the action, the Clerk will notify the Commissioner of the

commencement of the action in accordance with Rule 3 of the Supplemental Rules for Social

Security Actions under 42 U.S.C. § 405(g) only upon the Court’s granting of such motion or the

payment of the required filing fee.

(c) The plaintiff must file a brief on or before the date to be set in the Social Security

Scheduling Order entered in the case.

(d) The plaintiff’s brief must provide the following information and be organized as

follows:

(1) Statement of Facts. The first section of the brief must, in no more than

five pages, provide the following information: the medical condition(s) causing the claimed

disability; the alleged onset date for the claimed disability; the name and specialty of the plaintiff’s

treating physician(s) and citations to the record pages of relevant evidence from such treating

physician(s); the plaintiff’s date of application for benefits; the specific type of benefits sought

(e.g., Title II, Title XVI, Childhood); the date the plaintiff was last insured (if applicable); the

plaintiff’s age, level of education, and work history; the step of the sequential evaluation process

at which the ALJ denied the claim(s); citations to the record pages where the alleged errors of the

ALJ are to be found; the identity of the physician where the plaintiff contends that the ALJ failed

to give proper weight to such physician’s opinion, identifying that physician’s specialty and

whether such physician was a treating, consulting, or reviewing physician, and providing citation

to the record pages where such opinion is set forth; and the specific relief requested.

(2) Procedural History. The second section of the brief must briefly set forth

the case’s procedural history.

(3) Standard of Review and Relevant Law. The third section of the brief

must set forth the standard of review and federal statutes, regulations, and case law relevant to the

issues presented for review.

(4) Issues Presented. The fourth section of the brief must succinctly list the

issues presented for review, separately identifying and enumerating each alleged error of the

ALJ.

(5) Argument. The fifth section of the brief must set forth the plaintiff’s

arguments in separate subsections that address each issue and alleged error presented for review.

(6) Conclusion and Relief Requested. The final section of the brief must set

forth a brief conclusion and a statement of the specific relief requested.

(e) The Commissioner must file a brief on or before the date set by the Social Security

Scheduling Order entered in the case.

(f) The Commissioner’s brief must provide the following information and be

organized as follows:

(1) Statement of Facts. The first section of the brief must, in no more than

five pages, state the relevant facts of the case and summarize why the plaintiff’s appeal should be

denied or otherwise summarize how the Commissioner applied the correct legal standards and

how substantial evidence supports the Commissioner’s decision.

(2) Procedural History. The second section of the brief must briefly set forth

the case’s procedural history.

(3) Standard of Review and Relevant Law. The third section of the brief

must set forth the standard of review and federal statutes, regulations, and case law relevant to the

issues presented for review.

(4) Argument. The fourth section of the brief must, seriatim, address the

separate issues and arguments advanced by the plaintiff.

(5) Conclusion and Relief Requested. The final section of the brief must set

forth a brief conclusion and statement of the specific relief requested.

(g) The plaintiff shall be permitted one Reply brief to be filed fourteen (14) calendar

days after the Commissioner has submitted its brief. Such Reply shall be limited to five pages

and may only address issues raised for the first time in the Commissioner’s brief.

(h) The matter shall be decided on the parties’ briefs and review of the Administrative

Record. Oral arguments are not anticipated or allowed unless otherwise ordered by the Court.

(i) If not specifically covered by this Rule, all briefs must comply with this Court’s

Local Rules, including, but not limited to, the font size and page limitations in LCvR 7.1(d).