SSA Announces New Rules for Service of Process

The Social Security Administration (SSA) published Final Rules changing the rules for service of process in lawsuits involving judicial review of SSA final decisions on individual claims for benefits. 70 Fed. Reg. 73135 (Dec. 9, 2005). The rules were promulgated without prior notice and comment and were effective immediately. Rules for service of process in other types of litigation against SSA remain unchanged. Under the new rules it will no longer be necessary to serve the SSA General Counsel. Instead the summons and complaint must be mailed to the Regional Chief Counsel’s office responsible for the processing and handling of litigation in the particular jurisdiction. These addresses can be found in a separate Notice published in the same issue of the Federal Register. 70 Fed. Reg. 73320 (Dec. 9, 2005). This list will be updated as future changes are made and should be consulted by counsel as they do not all correspond to existing regional boundaries. For example in the Southern District of Alabama, process should be served in Denver, while in the Southern District of Florida, process should be served in Kansas City. While process for Kentucky cases should be served in Atlanta, process for cases in the Southern District of Georgia should be served in Boston, just as one might expect.

 

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