Rule 7.Commissioner's Brief

Last verified June 30, 2026

In one sentenceSupplemental Social Security Rule 7 requires the Commissioner to file and serve a responding brief within 30 days after the plaintiff’s brief, presenting the agency’s defense of its final decision on the administrative record.

Full Text of Rule 7

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The Commissioner must file a brief and serve it on the plaintiff within 30 days after service of the plaintiff's brief.

End

Amendment History

(Added Apr. 11, 2022, eff. Dec. 1, 2022.)

Plain-English Summary

Supplemental Rule 7 sets the agency’s turn. After the plaintiff files an opening brief, the Commissioner must file a brief and serve it on the plaintiff within 30 days. That brief defends the final decision — typically arguing that substantial evidence in the record supports the agency’s findings and that the correct legal standards were applied.

Paired with Rules 6 and 8, this rule completes a tight, uniform briefing schedule so these high-volume cases move to decision without the delays of open-ended motion practice.

Frequently Asked Questions

When is the Commissioner’s brief due?

Within 30 days after the plaintiff’s brief is filed (Supplemental Rule 7).

What does the Commissioner's brief typically argue?

That substantial evidence in the administrative record supports the agency's findings and that the correct legal standards were applied in reaching the final decision.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Supplemental Social Security Rule 7), 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 7Commissioner's briefresponse brief Social Security