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).
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...
In response to Recommendation 2016-3, the Judicial Conference of the United States drafted Supplemental Rules for Social Security Review Actions, which took effect December 1, 2022. At a meeting in which the Advisory Committee on Civil Rules voted to recommend that the Judicial Conference adopt the Supplemental Rules, the Social Security Review Subcommittee stated it was “significant that this project began with a proposal by the Administrative Conference of the United States, bolstered by a thorough study by two leading scholars.”
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