Social Security civil action under 42 U.S.C. § 405(g)

Plain-language definition

A civil action under 42 U.S.C. § 405(g) is the court process generally available after the Social Security Appeals Council denies review or issues an unfavorable final decision. The claimant files a complaint in the proper U.S. district court.

Why it is not another agency appeal

Reconsideration, an administrative law judge hearing, and Appeals Council review occur inside the Social Security Administration. A § 405(g) action starts a separate judicial case. The court reviews the Commissioner's final decision under federal law.

What record the court reviews

The Commissioner files a certified administrative record containing the evidence and decisions developed during the agency process. The parties present written arguments tied to that record. This is not ordinarily a new benefits application or a new evidentiary hearing.

What the complaint identifies

Supplemental Rule 2 requires the complaint to identify the final decision, claimant, county of residence, wage-record holder, and benefit type, and to state that the action is brought under § 405(g). The Commissioner of Social Security is the proper defendant in an official capacity.

Deadline and court

The complaint generally must be filed within 60 days after receipt of the Appeals Council notice. Receipt is presumed five days after the notice date unless reasonably shown otherwise. The action is normally filed in the federal judicial district where the claimant resides or has a principal place of business.

How it differs from an appeal to a court of appeals

The first judicial review of the Social Security final decision occurs in a U.S. district court. A later challenge to the district court's judgment may involve a U.S. court of appeals and uses different rules and deadlines.

How it differs from a remand

A remand is an order returning the matter to Social Security for additional proceedings or action. It is one possible court result, not the document that starts the case and not a guarantee of benefits.

Practical example

The Appeals Council denies review of an administrative law judge decision. The claimant files a timely complaint in the correct district court, the court notifies the Commissioner, SSA supplies the certified record, and the parties submit briefs under the court's schedule.