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LCivR 8.1 Complaints in Social Security cases

8.1      Complaints in Social Security cases - Complaints filed pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and XVII of the Social Security Act shall contain, in addition to what is required under Rule 8(a) of the Federal Rules of Civil Procedure, the following information: (1) a statement that the action is brought under 42 U.S.C. § 405(g); (2) the identification of the final decision to be reviewed, including any identifying designation provided by the Commisioner with the final decision; (3) the name, as well as the county of residence, of the person for whom benefits are claimed; (4) in cases involving claims for retirement, survivors, disability, or health insurance, the last four digits of the social security number of the worker (who may or may not be the plaintiff) on whose wage record the application for benefits was filed; (5) in cases involving supplemental security income benefits, the social security number of the plaintiff; and (6) the type of benefits claimed.

  1. Electronic service - The Clerk of Court shall, within seven days of the filing of the complaint, 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 the United States Attorney for the district where the action is filed.
  2. Other service - If the complaint was not filed electronically, the Clerk of Court shall, within seven days of the filing of the complaint, notify the plaintiff of the transmission.
  3. Service of summons and complaint - The plaintiff need not serve a summons and complaint under Federal Rules of Civil Procedure 4.
Date Last Modified: 
December 1, 2022