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HALLEX I-4-110
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-110 RECEIPT OF NOTICE OF SUIT

U.S. Attorneys usually notify OHA and the Office of General Counsel (OGC) that a new court case has been filed via the Justice Telecommunications System (JUST). OHA has a JUST terminal in the OCA Mailroom. The OCA mail clerk makes 2 copies of all teletype notifications. The mailroom uses its copy to tally receipts; it holds the copy for 6 months in case of non-receipt by other components. The second copy goes to the OGC Answer Section (co-located with OHA Headquarters) and the original teletype goes to the appropriate OCA operating division. Each OCA operating division has jurisdiction for specific circuit and district courts.

In addition to the JUST notification, OCA also receives a copy of the summons and complaint. The Federal Rules of Civil Procedure require that the plaintiff serve the Secretary with a copy of the summons and complaint. The Secretary's copy goes to the OCA Reprographics Staff for photocopying and forwarding to both the OGC Answer Section and the OCA operating division. This alternate method of notification is necessary because not every U.S. Attorney's office has access to the JUST System and OGC requires the summons and complaint in order to prepare the Secretary's answer.

When the operating division receives notice of a new court case, a clerk must make the appropriate entry in both the Wang OIS and SSADARS Systems. The clerk then secures the claim file and a transcript of the hearing cassette, as described below.

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