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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5745
Experience:  20 years professional experience
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I am preparing to file a Declaratory Judgment case against a

Customer Question

I am preparing to file a Declaratory Judgment case against a former employer seeking determination whether the funds received in a settlement agreement were "deferred compensation" under SSA rules. At the same time I want to file to enjoin the SSA from reducing retirement benefits currently being paid during the pendency of the case. I presume the proper party is Carolyn Colvin as Commissioner of the SSA. The questions are: Where do I serve the Administration and are there any special or specific pleading requirements to maintain payment of current benefits?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

The “Commissioner of Social Security” is the only proper defendant in civil actions filed against the Social Security Administration under §205(g) of the Social Security Act, 42 U.S.C. §405(g). Delivering a copy of the legal documents filed with the court to the party designated to receive service on behalf of the defendant perfects Service of Process. Please see this link for details.

See also this link that verifies that C. Colvin is the Commissioner of the SSA.

At this link is the rule that permits you to plead for and seek a preliminary injunction to make sure that current benefits continue. A preliminary injunction is a court order made in the early stages of a lawsuit which prohibits the parties from doing an act in order to preserve the status quo until a pending ruling or outcome.

Here is a sample motion for PI that you can use as a go-by.

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