FEDERAL RULES OF CRIMINAL PROCEDURE
TITLE SS
SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 USC §405(G)¹

¹ Title is set out as presented for Congressional review; see House Document 117–110. Title appears as "Supplemental Rules for Social Security Review Actions Under 42 U.S.C. §405(g)" in the order of the Supreme Court, April 11, 2022, adopting these rules.

RULE 1 | REVIEW OF SOCIAL SECURITY DECISIONS UNDER 42 U.S.C. §405(G)

(a) APPLICABILITY OF THESE RULES. These rules govern an 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) FEDERAL RULES OF CIVIL PROCEDURE. The Federal Rules of Civil Procedure also apply to a proceeding under these rules, except to the extent that they are inconsistent with these rules.

RULE 2 | COMPLAINT

(a) COMMENCING ACTION. An action for review under these rules is commenced by filing a complaint with the court.

(b) CONTENTS.

(1) The complaint must:

(A) state that the action is brought under § 405(g);

(B) identify the final decision to be reviewed, including any identifying designation provided by the Commissioner with the final decision;

(C) state the name and the county of residence of the person for whom benefits are claimed;

(D) name the person on whose wage record benefits are claimed; and

(E) state the type of benefits claimed.

(2) The complaint may include a short and plain statement of the grounds for relief.

RULE 3 | SERVICE

The court must notify the Commissioner of the commencement of the action by transmitting a Notice of Electronic Filing to the appropriate office within the Social Security Administration’s Office of General Counsel and to the United States Attorney for the district where the action is filed. If the complaint was not filed electronically, the court must notify the plaintiff of the transmission. The plaintiff need not serve a summons and complaint under Civil Rule 4.

RULE 4 | ANSWER; MOTIONS; TIME

(a) SERVING THE ANSWER. An answer must be served on the plaintiff within 60 days after notice of the action is given under Rule 3.

(b) THE ANSWER. An answer may be limited to a certified copy of the administrative record, and to any affirmative defenses under Civil Rule 8(c). Civil Rule 8(b) does not apply.

(c) MOTIONS UNDER CIVIL RULE 12. A motion under Civil Rule 12 must be made within 60 days after notice of the action is given under Rule 3.

(d) TIME TO ANSWER AFTER A MOTION UNDER RULE 4(C). Unless the court sets a different time, serving a motion under Rule 4(c) alters the time to answer as provided by Civil Rule 12(a)(4).

RULE 5 | PRESENTING THE ACTION FOR DECISION

The action is presented for decision by the parties’ briefs. A brief must support assertions of fact by citations to particular parts of the record.

RULE 6 | PLAINTIFF’S BRIEF

The plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed or 30 days after entry of an order disposing of the last remaining motion filed under Rule 4(c), whichever is later.

RULE 7 | COMMISSIONER’S BRIEF

The Commissioner must file a brief and serve it on the plaintiff within 30 days after service of the plaintiff’s brief.

RULE 8 | REPLY BRIEF

The plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner’s brief.

Congratulations! You're now booked up on the Supplemental Rules (regarding Social Security Actions) – of the Fed. R. Civ. P.!

You can use it to fill in the gaps that the Fed. R. Civ. P. may leave open (while litigating your civil suit).

As always, please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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FEDERAL RULES OF CRIMINAL PROCEDURE
TITLE SS
SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 USC §405(G)¹

RULE 1 | REVIEW OF SOCIAL SECURITY DECISIONS UNDER 42 U.S.C. §405(G)

RULE 2 | COMPLAINT

RULE 3 | SERVICE

RULE 4 | ANSWER; MOTIONS; TIME

RULE 5 | PRESENTING THE ACTION FOR DECISION

RULE 6 | PLAINTIFF’S BRIEF

RULE 7 | COMMISSIONER’S BRIEF

RULE 8 | REPLY BRIEF

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FEDERAL RULES OF CRIMINAL PROCEDURETITLE SSSUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 USC §405(G)1

RULE 1 | REVIEW OF SOCIAL SECURITY DECISIONS UNDER 42 U.S.C. §405(G)

RULE 2 | COMPLAINT

RULE 3 | SERVICE

RULE 4 | ANSWER; MOTIONS; TIME

RULE 5 | PRESENTING THE ACTION FOR DECISION

RULE 6 | PLAINTIFF’S BRIEF

RULE 7 | COMMISSIONER’S BRIEF

RULE 8 | REPLY BRIEF

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