TN 11 (09-14)

Citations:

42 U.S.C. §205(g);

20 C.F.R. §423

A. Background for service of process

We use the legal term “Service of Process” to explain the process by which defendants are notified of a court action filed against them. The “Commissioner of Social Security” is the only proper defendant in civil actions filed against the Social Security Administration under §205(g) of the Social Security Act, 42 U.S.C. §405(g). Delivering a copy of the legal documents filed with the court to the party designated to receive service on behalf of the defendant perfects Service of Process.

B. Policy for service of process on the Commissioner of Social Security

In Social Security cases, the Office of the General Counsel (OGC) is the component designated by the Commissioner to receive Service of Process. There are different procedures for service of process on the Commissioner depending upon the nature of the case and the nature of the documents being served.

1. Summonses and complaints in cases involving individual claims for benefits

Summonses and complaints are legal documents used to initiate a lawsuit against a defendant. In cases involving individual claims for benefits under Titles II, VIII or XVI of the Social Security Act, send summonses and complaints to the office in the Social Security Administration’s Office of the General Counsel that is responsible for the processing and handling of litigation in the particular court jurisdiction in which the beneficiary filed the complaint.

The OGC office names, addresses, and jurisdictional responsibilities are as follows:

Jurisdictional responsibilities of OGC offices

Alabama

U.S. District Court -- Middle District of Alabama: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court -- Northern District of Alabama: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court -- Southern District of Alabama: Office of Program Law, Baltimore

Alaska

U.S. District Court -- Alaska: Office of the Regional Chief Counsel, Seattle (Region X)

Arizona

U.S. District Court -- Arizona: Office of the Regional Chief Counsel, Seattle (Region X)

Arkansas

U.S. District Court -- Eastern District of Arkansas: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Western District of Arkansas: Office of the Regional Chief Counsel, Dallas (Region VI)

California

U.S. District Court -- Central District of California: Office of the Regional Chief Counsel, San Francisco (Region IX)

U.S. District Court -- Eastern District of California: Office of the Regional Chief Counsel, San Francisco (Region IX)

U.S. District Court -- Northern District of California: Office of the Regional Chief Counsel, San Francisco (Region IX)

U.S. District Court -- Southern District of California: Office of the Regional Chief Counsel, San Francisco (Region IX)

Colorado

U.S. District Court – Colorado: Office of the Regional Chief Counsel, Denver (Region VIII)

Connecticut

U.S. District Court – Connecticut: Office of the Regional Chief Counsel, New York (Region II)

Delaware

U.S. District Court – Delaware: Office of the Regional Chief Counsel, Philadelphia (Region III)

District of Columbia

U.S. District Court -- District of Columbia: Office of the Regional Chief Counsel, Philadelphia (Region III)

Florida

U.S. District Court -- Middle District of Florida: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court -- Northern District of Florida: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court--Southern District of Florida: Office of the Regional Chief Counsel, Atlanta (Region IV)

Georgia

U.S. District Court -- Middle District of Georgia: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court -- Northern District of Georgia: Office of the Regional Chief Counsel, Atlanta (Region IV)

U.S. District Court -- Southern District of Georgia: Office of the Regional Chief Counsel, Atlanta (Region IV)

Guam

U.S. District Court – Guam: Office of the Regional Chief Counsel, San Francisco (Region IX)

Hawaii

U.S. District Court – Hawaii: Office of the Regional Chief Counsel, San Francisco (Region IX)

Idaho

U.S. District Court – Idaho: Office of the Regional Chief Counsel, Seattle (Region X)

Illinois

U.S. District Court -- Central District of Illinois: Office of the Regional Chief Counsel, Chicago (Region V)

U.S. District Court -- Northern District of Illinois: Office of the Regional Chief Counsel, Chicago (Region V)

U.S. District Court -- Southern District of Illinois: Office of the Regional Chief Counsel, Chicago (Region V)

Indiana

U.S. District Court -- Northern District of Indiana: Office of the Regional Chief Counsel, Chicago (Region V)

U.S. District Court -- Southern District of Indiana: Office of the Regional Chief Counsel, Chicago (Region V)

Iowa

U.S. District Court -- Northern District of Iowa: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Southern District of Iowa: Office of the Regional Chief Counsel, Dallas (Region VI)

Kansas

U.S. District Court – Kansas: Office of the Regional Chief Counsel, Denver (Region VIII)

Kentucky

U.S. District Court -- Eastern District of Kentucky: Office of the Regional Chief Counsel, Denver (Region VIII)

U.S. District Court -- Western District of Kentucky: Office of the Regional Chief Counsel, Chicago (Region V)

Louisiana

U.S. District Court -- Eastern District of Louisiana: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Middle District of Louisiana: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Western District of Louisiana: Office of the Regional Chief Counsel, Dallas (Region VI)

Maine

U.S. District Court – Maine: Office of the Regional Chief Counsel, Boston (Region I)

Maryland

U.S. District Court – Maryland: Office of Program Law, Baltimore

Massachusetts

U.S. District Court – Massachusetts: Office of the Regional Chief Counsel, Boston (Region I)

Michigan

U.S. District Court -- Eastern District of Michigan: Office of the Regional Chief Counsel, Boston (Region I)

U.S. District Court -- Western District of Michigan: Office of the Regional Chief Counsel, Boston (Region I)

Minnesota

U.S. District Court – Minnesota: Office of the Regional Chief Counsel, Dallas (Region VI)

Mississippi

U.S. District Court -- Northern District of Mississippi: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Southern District of Mississippi: Office of the Regional Chief Counsel, Dallas (Region VI)

Missouri

U.S. District Court -- Eastern District of Missouri: Office of the Regional Chief Counsel, Kansas City (Region VII)

U.S. District Court -- Western District of Missouri: Office of the Regional Chief Counsel, Kansas City (Region VII)

Montana

U.S. District Court – Montana: Office of the Regional Chief Counsel, Seattle (Region X)

Nebraska

U.S. District Court – Nebraska: Office of the Regional Chief Counsel, Dallas (Region VI)

Nevada

U.S. District Court – Nevada: Office of the Regional Chief Counsel, San Francisco (Region IX)

New Hampshire

U.S. District Court -- New Hampshire: Office of the Regional Chief Counsel, Boston (Region I)

New Jersey

U.S. District Court -- New Jersey: Office of the Regional Chief Counsel, Philadelphia (Region III)

New Mexico

U.S. District Court -- New Mexico: Office of the Regional Chief Counsel, Denver (Region VIII)

New York

U.S. District Court -- Eastern District of New York: Office of the Regional Chief Counsel, New York (Region II)

U.S. District Court -- Northern District of New York: Office of the Regional Chief Counsel, New York (Region II)

U.S. District Court -- Southern District of New York: Office of the Regional Chief Counsel, New York (Region II)

U.S. District Court -- Western District of New York: Office of the Regional Chief Counsel, New York (Region II)

North Carolina

U.S. District Court -- Eastern District of North Carolina: Office of Program Law, Baltimore

U.S. District Court -- Middle District of North Carolina: Office of the Regional Chief Counsel, Philadelphia (Region III)

U.S. District Court -- Western District of North Carolina: Office of Program Law, Baltimore

North Dakota

U.S. District Court -- North Dakota: Office of the Regional Chief Counsel, Dallas (Region VI)

Northern Mariana Islands

U.S. District Court -- Northern Mariana Islands: Office of the Regional Chief Counsel, San Francisco (Region IX)

Ohio

U.S. District Court -- Northern District of Ohio: Office of the Regional Chief Counsel, Chicago (Region V)

U.S. District Court -- Southern District of Ohio: Office of the Regional Chief Counsel, Chicago (Region V)

Oklahoma

U.S. District Court -- Eastern District of Oklahoma: Office of the Regional Chief Counsel, Denver (Region VIII)

U.S. District Court -- Northern District of Oklahoma: Office of the Regional Chief Counsel, Denver (Region VIII)

U.S. District Court -- Western District of Oklahoma: Office of the Regional Chief Counsel, Denver (Region VIII)

Oregon

U.S. District Court – Oregon: Office of the Regional Chief Counsel, Seattle (Region X)

Pennsylvania

U.S. District Court -- Eastern District of Pennsylvania: Office of the Regional Chief Counsel, Philadelphia (Region III)

U.S. District Court -- Middle District of Pennsylvania: Office of the Regional Chief Counsel, Philadelphia (Region III)

U.S. District Court -- Western District of Pennsylvania: Office of the Regional Chief Counsel, Philadelphia (Region III)

Puerto Rico

U.S. District Court -- Puerto Rico: Office of the Regional Chief Counsel, New York (Region II)

Rhode Island

U.S. District Court -- Rhode Island: Office of the Regional Chief Counsel, Boston (Region I)

South Carolina

U.S. District Court -- South Carolina: Office of the Regional Chief Counsel, Philadelphia (Region III)

South Dakota

U.S. District Court -- South Dakota: Office of the Regional Chief Counsel, Dallas (Region VI)

Tennessee

U.S. District Court -- Eastern District of Tennessee: Office of the Regional Chief Counsel, Kansas City (Region VII)

U.S. District Court -- Middle District of Tennessee: Office of the Regional Chief Counsel, Kansas City (Region VII)

U.S. District Court -- Western District of Tennessee: Office of the Regional Chief Counsel, Kansas City (Region VII)

Texas

U.S. District Court -- Eastern District of Texas: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Northern District of Texas: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Southern District of Texas: Office of the Regional Chief Counsel, Dallas (Region VI)

U.S. District Court -- Western District of Texas: Office of the Regional Chief Counsel, Dallas (Region VI)

Utah

U.S. District Court – Utah: Office of the Regional Chief Counsel, Denver (Region VIII)

Vermont

U.S. District Court – Vermont: Office of the Regional Chief Counsel, New York (Region II)

Virgin Islands

U.S. District Court -- Virgin Islands: Office of the Regional Chief Counsel, New York (Region II)

Virginia

U.S. District Court -- Eastern District of Virginia: Office of the Regional Chief Counsel, Philadelphia (Region III)

U.S. District Court -- Western District of Virginia: Office of the Regional Chief Counsel, Philadelphia (Region III)

Washington

U.S. District Court -- Eastern District of Washington: Office of the Regional Chief Counsel, Seattle (Region X)

U.S. District Court -- Western District of Washington: Office of the Regional Chief Counsel, Seattle (Region X)

West Virginia

U.S. District Court -- Northern District of West Virginia: Office of the Regional Chief Counsel, Philadelphia (Region III)

U.S. District Court -- Southern District of West Virginia: Office of the Regional Chief Counsel, Philadelphia (Region III)

Wisconsin

U.S. District Court -- Eastern District of Wisconsin: Office of the Regional Chief Counsel, Chicago (Region V)

U.S. District Court -- Western District of Wisconsin: Office of the Regional Chief Counsel, Chicago (Region V)

Wyoming

U.S. District Court – Wyoming: Office of the Regional Chief Counsel, Denver (Region VIII)

Addresses of OGC offices

(See the Office of General Counsel website for telephone numbers ):

2. Summonses and complaints in cases not involving individual claims for benefits

Summonses and complaints are legal documents used to initiate a lawsuit against a defendant. In cases that do not involve individual claims for benefits under Titles II, VIII, or XVI of the Social Security Act, send summonses and complaints to the following address:

3. Subpoenas

Subpoenas are legal documents used to compel testimony or the production of documents from either a party or a non-party to a particular case. Depending upon the applicable legal requirements, some states require subpoenas to be delivered in person, or some may be delivered by mail.

When a subpoena is directed to either the Commissioner or the Social Security Administration, it must be delivered to the following address regardless of the nature of the case:

Delivering a copy of the subpoena to any Deputy General Counsel or secretary to any Deputy General Counsel can also perfect service of the subpoena. (See 20 C.F.R. §423.3)