In one sentenceSupplemental Social Security Rule 3 shifts the burden of service to the court: rather than requiring the plaintiff to serve a summons, the clerk notifies the Commissioner of the action and transmits the complaint, simplifying service in these record-review cases.
Full Text of Rule 3
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The court must notify the Commissioner of the commencement of the action by transmitting a Notice of Electronic Filing to the appropriate office within the Social Security Administration's Office of General Counsel and to the United States Attorney for the district where the action is filed. If the complaint was not filed electronically, the court must notify the plaintiff of the transmission. The plaintiff need not serve a summons and complaint under Civil Rule 4.
End
Amendment History
(Added Apr. 11, 2022, eff. Dec. 1, 2022.)
Plain-English Summary
Service in an ordinary federal case is the plaintiff’s job, done by summons under Rule 4. Supplemental Rule 3 replaces that with a court-driven method suited to Social Security review. Once the action is commenced, the court notifies the Commissioner of Social Security of the commencement and transmits the complaint, so the plaintiff need not arrange formal service of process on the agency.
This change removes a recurring source of delay and error in these high-volume cases and gets the Commissioner into the case promptly, setting up the deadline for the agency’s answer under Supplemental Rule 4.
Frequently Asked Questions
Does the plaintiff serve a summons in a Social Security review case?
No. Under Supplemental Rule 3, the court notifies the Commissioner and transmits the complaint, so the plaintiff does not have to serve a summons under Rule 4.
Why does Supplemental Rule 3 hand service off to the court?
It removes a recurring source of delay and error in these high-volume cases and gets the Commissioner into the case promptly, setting up the clock for the agency's answer under Supplemental Rule 4.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Supplemental Social Security Rule 3), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP Supplemental Social Security Rule 3service on the CommissionerSocial Security service