Form Pro Se 13 Complaint for Review of a Social Security Disability or Supplemental Security Income Decision

Form Pro Se13 is a United States District Court form also known as the "Complaint For Review Of A Social Security Disability Or Supplemental Security Income Decision". The latest edition of the form was released in December 1, 2016 and is available for digital filing.

Download a PDF version of the Form Pro Se13 down below or find it on United States District Court Forms website.

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Pro Se 13 (Rev. 12/16) Complaint for Review of a Social Security Disability or Supplemental Security Income Decision
U
S
D
C
NITED
TATES
ISTRICT
OURT
for the
__________ District of __________
__________ District of __________
__________ Division
__________ Division
Case No.
)
)
(to be filled in by the Clerk’s Office)
)
Plaintiff(s)
)
(Write the full name of each plaintiff who is filing this complaint.
)
If the names of all the plaintiffs cannot fit in the space above,
)
please write “see attached” in the space and attach an additional
)
page with the full list of names.)
)
-v-
)
)
)
)
)
Defendant
)
(Write the full name of the current Commissioner of the Social
)
Security Administration. Do not include address here.)
COMPLAINT FOR REVIEW OF A SOCIAL SECURITY
DISABILITY OR SUPPLEMENTAL SECURITY INCOME DECISION
NOTICE
Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to
electronic court files. Under this rule, papers filed with the court should not contain: an individual’s full social
security number or full birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of an individual’s
birth; a minor’s initials; and the last four digits of a financial account number.
Except as noted in this form, plaintiff need not send exhibits, affidavits, grievance or witness statements, or any
other materials to the Clerk’s Office with this complaint.
In order for your complaint to be filed, it must be accompanied by the filing fee or an application to proceed in
forma pauperis.
Page 1 of 4
Pro Se 13 (Rev. 12/16) Complaint for Review of a Social Security Disability or Supplemental Security Income Decision
U
S
D
C
NITED
TATES
ISTRICT
OURT
for the
__________ District of __________
__________ District of __________
__________ Division
__________ Division
Case No.
)
)
(to be filled in by the Clerk’s Office)
)
Plaintiff(s)
)
(Write the full name of each plaintiff who is filing this complaint.
)
If the names of all the plaintiffs cannot fit in the space above,
)
please write “see attached” in the space and attach an additional
)
page with the full list of names.)
)
-v-
)
)
)
)
)
Defendant
)
(Write the full name of the current Commissioner of the Social
)
Security Administration. Do not include address here.)
COMPLAINT FOR REVIEW OF A SOCIAL SECURITY
DISABILITY OR SUPPLEMENTAL SECURITY INCOME DECISION
NOTICE
Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to
electronic court files. Under this rule, papers filed with the court should not contain: an individual’s full social
security number or full birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of an individual’s
birth; a minor’s initials; and the last four digits of a financial account number.
Except as noted in this form, plaintiff need not send exhibits, affidavits, grievance or witness statements, or any
other materials to the Clerk’s Office with this complaint.
In order for your complaint to be filed, it must be accompanied by the filing fee or an application to proceed in
forma pauperis.
Page 1 of 4
Pro Se 13 (Rev. 12/16) Complaint for Review of a Social Security Disability or Supplemental Security Income Decision
I.
The Parties to This Complaint
A.
The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach additional pages if
needed.
Name
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
Last Four Digits of Your Social Security Number
(Do not include full number)
B.
The Defendant
Provide the information below for the defendant named in the complaint. Attach additional pages if
needed.
Defendant (The current Commissioner of the Social Security Administration)
Name
Street Address
City and County
State and Zip Code
(Regional Office of the Social Security Administration General Counsel.)
Telephone Number
E-mail Address
(if known)
II.
Basis for Jurisdiction
This is an action seeking court review of a decision of the Commissioner of the Social Security Administration.
Jurisdiction for such proceedings can be based on two statutes. If this complaint seeks review of a decision
regarding Disability Insurance Benefits under Title II of the Social Security Act, jurisdiction is proper under 42
U.S.C. § 405(g). If this complaint seeks review of a decision regarding Supplemental Security Income under
Title XVI of the Social Security Act, jurisdiction is proper under 42 U.S.C. § 1383(c)(3). Please check the type
of claim you are filing.
Claim Type
For Clerk’s Office Use Only
’ Disability Insurance Benefits Claim (Title II)
COA: 42:0405id
NOS: 864
’ Supplemental Security Income Claim (Title XVI)
COA: 42:1383
NOS: 863/864
’ Child Disability Claim
COA: 42:0405wc
NOS: 863
’ Widow or Widower Claim
COA: 42:0405ww
NOS: 863
Page 2 of 4
Pro Se 13 (Rev. 12/16) Complaint for Review of a Social Security Disability or Supplemental Security Income Decision
An appeal from a decision of the Commissioner must be filed within 60 days of the date on which you received
notice that the Commissioner’s decision became final. When did you receive notice that the Commissioner’s
decision was final? (This is likely the date on which you received notice from the Social Security Appeals
Council that your appeal was denied.)
Please attach a copy of the Commissioner’s final decision, and a copy of the notice you received that your
appeal was denied from the Social Security Appeals Council.
III.
Statement of Claim
Federal courts may overturn decisions by the Commissioner of Social Security only if the decision was not
supported by substantial evidence in the record or was based on legal error. Why should this court overturn the
Commissioner’s decision?
(Check all that apply)
The Commissioner found the following facts to be true, but these facts are not supported by
substantial evidence in the record.
(Explain why the Commissioner’s factual findings are not supported by
substantial evidence in the record.)
The Commissioner’s decision was based on legal error.
(Identify all legal errors.)
IV.
Relief
State what you want the court to do
:
(check all that apply)
Issue a summons directing the defendant to appear before the court.
Order the defendant to submit a certified copy of the transcript and record, including
evidence upon which the findings and decision are based.
Modify the defendant's decision and grant monthly maximum insurance benefits to the
plaintiff, retroactive to the date of initial disability.
Page 3 of 4
Pro Se 13 (Rev. 12/16) Complaint for Review of a Social Security Disability or Supplemental Security Income Decision
In the alternative, remand to the defendant for reconsideration of the evidence.
Grant any further relief as may be just and proper under the circumstances of this case.
V.
Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,
and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A.
For Parties Without an Attorney
I agree to provide the Clerk’s Office with any changes to my address where case–related papers may be
served. I understand that my failure to keep a current address on file with the Clerk’s Office may result
in the dismissal of my case.
Date of signing:
Signature of Plaintiff
Printed Name of Plaintiff
B.
For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Firm
Street Address
State and Zip Code
Telephone Number
E-mail Address
Page 4 of 4
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