In one sentenceSupplemental Social Security Rule 4 sets the Commissioner’s response: the answer, which must include a certified copy of the administrative record, is served on the plaintiff within 60 days after notice of the action, and the rule governs the timing of any motion under Rule 12.
(a)Serving the Answer. An answer must be served on the plaintiff within 60 days after notice of the action is given under Rule 3.
(b)The Answer. An answer may be limited to a certified copy of the administrative record, and to any affirmative defenses under Civil Rule 8(c). Civil Rule 8(b) does not apply.
(c)Motions Under Civil Rule 12. A motion under Civil Rule 12 must be made within 60 days after notice of the action is given under Rule 3.
(d)Time to Answer After a Motion Under Rule 4(c). Unless the court sets a different time, serving a motion under Rule 4(c) alters the time to answer as provided by Civil Rule 12(a)(4).
End
Amendment History
(Added Apr. 11, 2022, eff. Dec. 1, 2022.)
Plain-English Summary
The agency’s response in a Social Security review case is built around the record. Supplemental Rule 4 requires the Commissioner to serve an answer on the plaintiff within 60 days after receiving notice of the action. Unlike an ordinary civil answer, this one does not have to admit or deny the complaint’s allegations at all — Civil Rule 8(b) does not apply here. Instead, the answer may be limited to a certified copy of the administrative record — the transcript of the agency proceedings the court will review — plus any affirmative defenses under Civil Rule 8(c).
The rule also coordinates with motion practice: a motion under Rule 12 must be made within the time set for the answer, and making such a motion alters the time to answer. Because the case turns on the record, getting the certified record before the court is the central event this rule ensures, not a point-by-point response to the complaint.
Frequently Asked Questions
How long does the Commissioner have to answer?
60 days after receiving notice of the action; the answer may be limited to a certified copy of the administrative record plus any affirmative defenses (Supplemental Rule 4).
Does the Commissioner have to admit or deny each allegation in the complaint?
No. Supplemental Rule 4 says Civil Rule 8(b)'s admit-or-deny requirement does not apply; the answer can consist of just the certified administrative record and any affirmative defenses.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Supplemental Social Security Rule 4), 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 4Commissioner's answeradministrative record60 days Social Security answer