I-4-9-30.Mandamus Actions

Last Update: 1/12/16 (Transmittal I-4-49)

The purpose of a mandamus action is to compel an official to perform his or her 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 advise the head of the component processing the case to continue processing the case as expeditiously as possible, notwithstanding the mandamus action.

If OAO does not have jurisdiction for responding, the analyst must telephone OGC to advise them of the mandamus action within their jurisdiction. The analyst must then send a confirming memorandum along with a copy of the complaint, if available, to OGC at the following address:

Office of the GeneraL Counsel
Office of Program Law
617 Altmeyer Building
6401 Security Blvd
Baltimore, MD 21235.