Local Rule Rule 4.1.3: Acceptance of Service in Cases Seeking Social Security Review
E.D. Pa. — Civil rule
Rule 4.1.3 Acceptance of Service in Cases Seeking Social Security Review
In civil actions filed against the Commissioner of the Social Security Administration pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), service of the summons and complaint as outlined in Federal Rule of Civil Procedure 4(i) shall be by electronic means via the Court's CM/ECF System.
(a) In cases where the filing fee has been paid and in cases where the plaintiff has been granted leave to is proceed in forma pauperis, upon filing of the complaint by the plaintiff, the Clerk of Court shall issue the summonses in accordance with Federal Rule of Civil Procedure 4(i) by electronic means via CM/ECF upon the Commissioner, as well as the United States Attorney General and the United States Attorney for the Eastern District of Pennsylvania ("the United States").
(1) Service is not considered effectuated until the date of the CM/ECF filing of the complaint and issuance of the summonses, whichever is later ("Date of Service").
(2) Other filings and/or CM/ECF actions related to the filing of a complaint and/or summons, including but not limited to an application for in forma pauperis, do not constitute service. Only transmissions by the Clerk of the complaint or summons constitutes initial service of the action for purposes of this Rule.
(b) The Clerk will ensure that CM/ECF notifications indicating that the complaint has been filed, and summonses have been issued, are sent to the Commissioner and to the United States.
(c) The Commissioner, within sixty (60) days of the Date of Service, shall file and serve either a dispositive motion or the Certified Administrative Record, which shall be deemed an answer (general denial) to the plaintiff's complaint as outlined in Federal Rule of Civil Procedure 8(b)(3).