Who is the defendant in a court complaint?
If a civil action is commenced, the complaint should name the Secretary of Health and Human Services as the defendant and should include the Health Insurance Claim Number (HICN) and/or SSA Docket Number, if any, shown on the decision. The Secretary must be served by sending a copy of the summons and complaint by registered or certified mail to the General Counsel, Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, D.C. 20201. In addition, you must serve the United States Attorney for the district in which you file your complaint and the Attorney General of the United States. (See rules 4(c) and (i) of the Federal Rules of Civil Procedure and 45 CFR 4.1.) 45 CFR 4.1.
