Special Procedural Rules for Social Security Litigation in District Court

Recommendation 2016-3 – Special Procedural Rules for Social Security Litigation in District Court encourages the Judicial Conference of the United States to develop a uniform set of procedural rules for cases under the Social Security Act in which an individual seeks district court review of a final administrative decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). It also highlights areas in which such rules should be adopted and sets forth criteria for the promulgation of additional rules.

Citation: Admin. Conf. of the U.S., Recommendation 2016-3, Special Procedural Rules for Social Security Litigation in District Court, 81 Fed. Reg. 94312 (Dec. 23, 2016).  

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Committee: 

Final Recommendation

  • Recommendation number: 2016-3
  • Adopted on: December 13, 2016
  • Committees: Judicial Review

The Administrative Conference recommends that the Judicial Conference of the United States develop special procedural rules for cases under the Social Security Act[1] in which an individual seeks district court review of a final administrative decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). The Rules Enabling Act delegates authority to the United States Supreme Court (acting initially through the...

Project Documents

Name Committee Type Date
Third Meeting Agenda Agenda October 24, 2016 Download
Agenda (2nd Meeting) Agenda October 4, 2016 Download
Committee on Judicial Review First Meeting Agenda Agenda September 15, 2016 Download
Data Appendix: A Study of Social Security Litigation in the Federal Courts Appendix July 28, 2016 Download
Klingler Comment Judicial Review Member Comment December 9, 2016 Download
Conference Member Amendment Public Comment December 7, 2016 Download
NOSSCR Comment Public Comment December 7, 2016 Download
Judge Castillo Public Comment Public Comment October 24, 2016 Download
Lawrence Rohlfing Public Comment Public Comment October 14, 2016 Download
Alan Morrison, Public Comment Public Comment October 6, 2016 Download
Thomas Sutton, Public Comment Public Comment October 6, 2016 Download
Special Procedural Rules for Social Security Litigation in District Court Judicial Review Recommendation December 15, 2016 Download
Social Security Administration Federal Court Analysis (Proposed Recommendation) Judicial Review Recommendation December 8, 2016 Download
Social Security Administration Federal Courts Analysis (Proposed Redline Recommendation) Judicial Review Recommendation December 8, 2016 Download
Proposed Recommendation Recommendation November 3, 2016 Download
Draft Recommendation Recommendation October 24, 2016 Download
Draft Recommendation (Redline version) Recommendation October 24, 2016 Download
Draft Recommendation Recommendation September 30, 2016 Download
Report: A Study of Social Security Litigation in the Federal Courts Report July 28, 2016 Download

Committee Meetings & Events

September 19, 2016 COJR Meeting (Committee on Judicial Review)

September 19, 2016 - 1:00 pm EDT
Location name: 
Administrative Conference of the United States

October 7, 2016 COJR Meeting (Committee on Judicial Review)

October 7, 2016 - 10:00 am EDT
Location name: 
Administrative Conference of the United States

October 26, 2016 COJR Meeting (Committee on Judicial Review)

October 26, 2016 - 10:00 am EDT
Location name: 
Administrative Conference of the United States

66th Plenary Session

December 13, 2016 - 1:00 pm EST
December 14, 2016 - 9:00 am EST
Location name: 
Commodity Futures Trading Commission
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