Last Update: 1/12/2016 (Transmittal I-4-49)
Renumbered from HALLEX section I-4-9-30
The purpose of a mandamus action is to compel an official to perform
their duty. If a claimant files a mandamus action in a case pending at the
hearing or Appeals Council (AC) level, the Office of Appellate Operations
(OAO) will be responsible for responding to the complaint through the
Office of the General Counsel (OGC). If the case is not pending at the
hearing or AC level, OGC has jurisdiction. The analyst must review
the complaint and/or records to determine jurisdiction. If OAO has
jurisdiction for responding, the analyst must prepare a declaration
for filing with the court (see Hearings, Appeals, and Litigation Law
manual HA 01430.020)
and the processing component to continue processing the case expeditiously
notwithstanding the mandamus action.
If OAO does not have jurisdiction for responding, the analyst
must email OGC to advise them of the mandamus action within their
jurisdiction. If instructed, the analyst will also forward a copy
of the complaint, if available, to OGC by email or at the following
address:
Social Security Administration
Office of the General Counsel
Attn: Program Litigation
6401 Security Blvd
Baltimore, MD 21235.