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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am appealing a Social Security disability denial. I did not

Customer Question

I am appealing a Social Security disability denial. I did not designate the entire Social Security record on appeal, nor did I file a statement of the issues. My last appeal two years ago generated a packet of all the documents necessary. Now, not so much. [For unknown reasons, I believed these questions were answered in the mediation questionnaire.] The errors multiplied when the Magistrate Judge and DC judge added their opinions. Now, the opening brief will be very difficult to squeeze into 30 pages.
Is a separate statement of the issues required in a Social Security appeal?
Would the better part of valor be to request leave of court to file the document late. The opening brief is due on the 21st.
Should I ask leave of court to submit a longer brief or change the font size to 13 point and hope for the best? It's worked before.
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
File your brief on time. If you wish to file a brief that is longer than 30 pages, file a motion for leave to file a longer brief ahead of time (you have time to make this motion "ex parte" before the 21st).But please be advised, 30 pages is a very long brief - most appellate briefs are no more than 30 pages, and even motions for summary judgment (which are usually considered to be the most detailed civil motions in a trial case) are limited to 25 pages. If your brief is over 30 pages, there is likely information or legal arguments that can be revised or amended to make your argument fit within the page limits. (This is usually a good thing, like all writing, legal writing is a process of revising and rewriting where multiple drafts lead to a final polished version - if your current draft is overlength, you have a lot of good material to work with when working your way down).Some judges will simply stop reading after the page limit (in your case 30 pages), so take the page limit seriously.Do not play with the font size, margin size, or other formatting requirements - the court also takes these requirements seriously.So: bot***** *****ne, my advice to you is - try to fit your argument into 30 pages or less (you should be able to no matter how complex your matter is), if you cannot no matter how hard you try, make a motion to the court for leave to file an over length brief, but do so before the moving paper is due. File your paper on time.