Free Instructions for Counsel - Social Security Appeal Cases - New York

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

INSTRUCTIONS FOR COUNSEL - SOCIAL SECURITY APPEAL CASES
Contents of Filing Package: 1) Form Complaint For Appeal of A Decision by the Commissioner of Social Security 2) U.S. Agency Notification Sheet For Service 3) Civil Cover Sheet 4) Application To Proceed Without Prepayment Of Fees 5) Civil Summons 6) Social Security Action - Case Assignment Form 7) Consent to Proceed Before a U.S. Magistrate Judge 8) Copy of General Order #18 - Social Security Action Scheduling Order Dear Counsel: Please find attached the necessary forms for filing an action against the Commissioner of Social Security. Follow the instructions below for completing the forms. After you have filled out the various forms you should return them to the clerk's office for filing. Once you have completed service, please remember to return your original summons along with the affidavits of service to the Clerk for filing.
1) Complete the Form Complaint - Return the original to the Court along with (3) copies. * Please attach a Copy of the Appeals Council Decision to the Complaint Form. 2) Complete the Application to Proceed Without Prepayment of Fees and Affidavit (2 sided form) - If the Court grants the Application to Proceed Without Prepayment of Fees the Filing Fee will be waived. * If you are going to pay the filing fee do not complete this form. 3) Complete the Civil Cover Sheet 4) Complete the summons - Pursuant to General Order #18 the Government has 100 days to answer or move. * Please complete all copies of the summons, the clerk will issue the summons and attach one to each copy of the complaint to be served. 5) A Notice to Consent to the Exercise of Civil Jurisdiction by A Magistrate Judge is attached for your review and consideration. 6) A Social Security Action - Case Assignment Form. The Clerk will complete this form and return it to you when the action is filed with the Court. 7) A copy of General Order #18 - Scheduling Order for Social Security Actions - Please keep this order. *REMEMBER TO SIGN ALL ORIGINAL DOCUMENTS*

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

NOTICE
TO: Counsel Filing Social Security Appeal Cases FROM: The Clerk's Office SUBJECT: Service of the Summons and Complaint When serving a case against the Social Security Administration, you must also serve the Attorney General of the United States and United States Attorney for the district in which you file your action along with the Commissioner of Social Security. Service upon the United States, and its Agencies, Corporations or Officers must be in accordance with Federal Rule of Civil Procedure 4(I). SERVICE OF SOCIAL SECURITY COMPLAINTS 1) United States Attorney General Constitution Avenue & 10th St., N.W. Washington, D.C. 20530
(Summons and Complaint to be served by Registered or Certified Mail)

2) Office of the Regional Chief Counsel Region II 26 Federal Plaza, Room 3904 New York, New York 10278-0004
(Summons & Complaint to be served by Registered or Certified Mail)

3)

LOCAL OFFICES OF THE U.S. ATTORNEY - NDNY United States Attorney Northern District of New York James T. Foley U.S. Courthouse Bldg. Room 231 Albany, NY 12207-2924

United States Attorney Northern District of New York 100 S. Clinton Street Room 900 Syracuse, NY 13261-7198 United States Attorney Northern District of New York 15 Henry Street, 3rd Floor Binghamton, NY 13902

(Service upon the U.S. Attorney for the Northern District may be made by delivering a copy of the Summons and Complaint to one of the local offices or by sending the Summons and Complaint by Registered or Certified Mail) w:\socialsecurityappeal\Notice to Counsel