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SOCIAL SECURITY ADMINISTRATION _____________________________________________________________ | |
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Refer to: TAHB [SSN] [XSSN] |
Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255] | |
Last Update: 9/1/05 (Transmittal II-6-13)
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SOCIAL SECURITY ADMINISTRATION _____________________________________________________________ | |
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Refer to: TAHB [SSN] [XSSN] |
Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255] | |
[Representative's First Name, Middle Initial and Last
Name]
[Address]
[City, State
Zip]
Dear [Mr./Ms. [Representative's Last Name]]:
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Re: |
[Claimant's Name] v. Commissioner of Social Security U.S.D.C. for the [selects District, if appropriate] District of [State] [,] [Division] Civil Action Number [enter number] |
We have considered the reasons you believe we should find that you timely filed [exceptions] OR [a request for more time in which to file exceptions] of the Administrative Law Judge's decision dated [insert date].
We find that you did not send us exceptions or ask for more time to do so within 30 days of the date you received the Administrative Law Judge's decision.
What This Action Means
The Administrative Law Judge's decision is the final decision of the Commissioner of Social Security after remand by the court.
[If exceptions were filed within 60 days of the date of the ALJ's decision after court remand, use the following four sections.]
If You Disagree With The Administrative Law Judge's Decision
The court order that sent this case back to the Commissioner ended the court's review of the earlier decision. If you want a Federal district court to review the Commissioner's final decision after remand by the court, you must file a new civil action.
If you do not ask for court review, the Commissioner's decision will be a final decision that can be changed only under special rules.
[If foreign claim, replace court rights paragraphs with DENIAL SP 6]
How To File A Civil Action
You may file a civil action (ask for court review) by filing a complaint in the United States District Court for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top of this letter.
You or your representative must deliver copies of your complaint and of the summons issued by the court to the U.S. Attorney for the judicial district where you file your complaint, as provided in rule 4(i) of the Federal Rules of Civil Procedure.
You or your representative must also send copies of the complaint and summons, by certified or registered mail, to:
The General Counsel
Social Security Administration
Room 617 Altmeyer Building
6401 Security Boulevard
Baltimore, MD 21235And:
The Attorney General of the United States
Washington, DC 20530
Time To File A Civil Action
You have 60 days to file a civil action (ask for court review).
The 60 days start the day after you receive this letter. We assume that you received this letter 5 days after the date on it unless you show us that you did not receive it within the 5-day period.
If you cannot file for court review within 60 days, you may ask the Appeals Council to extend your time to file. You must have a good reason for waiting more than 60 days to ask for court review. You must make the request in writing and give your reason(s) in the request.
You must mail your request for more time to the Appeals Council at the address shown at the top of this notice. Please put the Social Security number(s) also shown at the top of this notice on your request. We will send you a letter telling you whether your request for more time has been granted.
About the Law
The right to court review for claims under title II (Social Security) is provided for in Section 205(g) of the Social Security Act. This section is also Section 405(g) of Title 42 of the United States Code.
The right to court review for claims under title XVI (Supplemental Security Income) is provided for in Section 1631(c)(3) of the Social Security Act. This section is also Section 1383(c) of Title 42 of the United States Code.
The rules on filing civil actions are Rules 4(c) and (i) in the Federal Rules of Civil Procedure.
[If exceptions were filed beyond 60 days of the date of the ALJ's decision after court remand, use the following section instead of the above four sections.]
You Are Not Entitled to Court Review of the Administrative Law Judge's Decision After Remand by the Court
Under our rules, you are not entitled to court review of the Administrative Law Judge's decision after remand by the court because you did not file timely exceptions and you did not seek a new court action within 60 days of the Administrative Law Judge's decision.
If You Have Any Questions
If you have any questions, you may call, write, or visit any Social Security office. If you do call or visit an office, please have this notice with you. The telephone number of the local office that serves your area is [Insert area code and number of servicing Field Office]. Its address is:
[Field Office Address]
[City, State ZIP]
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[Name] | |
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Administrative Appeals Judge |
cc:
[Claimant's
Name]
[Address]
[City, State
Zip]
[If claimant is unrepresented, letter will be addressed to claimant and “cc” will be deleted.]