Motions to Dismiss or Remand
- Time for Filing by Commissioner.
No later than 60 days after the plaintiff serves the summons and complaint, the Commissioner may file and serve either:
- a motion to dismiss pursuant to FR Civ P 12 and memorandum in support, or
- a motion to remand to the Commissioner for further action pursuant to either sentence four or sentence six of 42 U.S.C. § 405(g).
- Time for Filing by Plaintiff.
After the Commissioner has filed and served an answer and certified administrative transcript, the plaintiff may file and serve a motion to remand under sentence six of 42 U.S.C. § 405(g) and a memorandum in support of such motion, based on presentation of new and material evidence.
- Briefs.
The time periods for filing and serving responses and replies to motions to dismiss or to remand are the same as for briefs.