Motions to Dismiss or Remand

(a) 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: (1) (2) 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). (b) 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.

(c) Briefs. The time periods for filing and serving responses and replies to motions to dismiss or to remand are the same as for briefs.