In any Social Security Act case involving a claim for individual benefits in which the district court renders a decision adverse to the government, the United States Attorney handling the case shall ensure that the Social Security Administration’s Office of the General Counsel (OGC) office responsible for litigation in the district receives the decision. In general, the relevant OGC office almost always receives Notices of Electronic Filing (NEFs) as an interested party.

As of November, 2017, the current jurisdictional assignments for OGC offices are those published in the Federal Register, 82 Fed. Reg. 11494 (Feb. 23, 2017), and OGC expects that future changes to assignments will also be announced via Federal Register notice.

The United States Attorney is relieved of the responsibility of sending adverse social security individual benefits decisions rendered by a district court (or a magistrate) to the Civil Division unless the United States Attorney recommends appeal, or the United States Attorney is advised that SSA is recommending appeal. Please note that all court of appeals decisions in social security cases must still be sent to the Appellate Staff in the same manner as any other court of appeals decision.

In all Social Security Act cases in which the claim is for benefits, the United States Attorney is relieved of the responsibility for filing a notice of appeal unless specifically requested to file such a notice of appeal by the Civil Division in Washington, D.C.

[updated July 2018] [cited in JM 2-2.132]