I-2-5-12.Formal Remands

Last Update: 9/28/05 (Transmittal I-2-68)

An ALJ may dismiss a claimant's RH and remand the claimant's case to the State agency or other component that issued the determination being appealed for a revised determination if there is reason to believe that the revised determination will be fully favorable to the claimant: e.g., if the ALJ receives new and material evidence or if there is a change in the law that permits a fully favorable determination.

  • If an ALJ is prepared to remand a case to a component for a revised determination, and the claimant did not request the remand, the ALJ must notify the claimant and inform the claimant that unless he or she objects, the ALJ will assume that the claimant agrees to the remand.

  • If the claimant objects to the remand, the ALJ must consider the objection and rule on it in writing. (See 20 CFR §§ 404.948(c) and 416.1448(c).)

See 20 CFR §§ 404.1520a(e)(3) and 416.920a(e)(3) for circumstances under which an ALJ may remand a case to the appropriate State agency or federal component for consideration of a mental impairment.