Last Update: 9/28/05 (Transmittal I-2-68)
When an ALJ decides to issue a subpoena, prepare the subpoena by completing Form HA-511. (To access HA-511, go to DGS and click on the “Correspondence” tab then click on the “Other” tab and then click on the “Subpoena” tab.)
If the subpoena requires the individual to appear in person at a hearing or by videoconference or telephone conference, so indicate on the subpoena and:
describe in accurate and specific terms the facts or documentary evidence that the individual must provide;
state the time and place of the hearing; and
indicate that the individual is to bring the subpoena to the hearing if the individual is to appear in person.
If the subpoena requires the individual to provide documentary evidence rather than appear as a witness, type “For Production of Documentary Evidence” at the top of the subpoena to the right of the word SUBPOENA, and:
describe in accurate and specific terms the facts or documentary evidence that the individual must provide; and
indicate that the individual is to return the subpoena with the requested documentary evidence or facts.
The ALJ must sign both copies of a subpoena.
To serve the subpoena, the ALJ will send the original to the individual being subpoenaed by U. S. Certified mail – Return Receipt Requested. The ALJ will complete the “Return of Service” section on the reverse side of the signed copy and retain it in the CF.
If the individual's address is unknown, or the United States Postal Service returns the subpoena as undeliverable, request the servicing FO to assist in serving the subpoena.
When the return receipt is received, staple it to the copy of the subpoena being retained in the CF.
When the individual returns the original subpoena, mark it as an exhibit and add it to the exhibit list, along with any documentary evidence or facts provided. Place the exhibits in the CF.
Subpoenaed witnesses are entitled to the same fees and travel allowances as witnesses in the U.S. District Court.
If fees and travel allowances are requested, prepare a travel voucher and attach the original or certified copy of the subpoena to the voucher.
Procedures for reimbursement and fee schedules are in the Social Security Administration Administrative Instruction Manual System (AIMS) 07.26.00.