I-4-9-30.Mandamus Actions

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 I-4-3-20) 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.