I-3-1-92.Claimant Asks to Withdraw or Dismissal Criteria Present After Court Remand

Last Update: 11/20/14 (Transmittal I-3-83)

A. General

The Appeals Council (AC) will not dismiss a request for hearing (RH) after receipt of a sentence six court remand because sections 205(g) and 1631(c) of the Social Security Act require the Commissioner to modify or affirm the prior findings of fact or decision.

However, if the court remanded under sentence four, the Appeals Council may dismiss the RH for any reason an administrative law judge (ALJ) may dismiss the RH. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-4-37 and I-3-4-20.

For more information about court remands, including the difference between a sentence four and a sentence six court remand, see HALLEX I-4-3-1.

B. Claimant Asks to Withdraw RH Pending With AC After Court Remand- Sentence Six

When a claimant asks to withdraw his or her RH after a sentence six court remand, the AC will not dismiss the RH . Rather, the AC will issue a decision that documents the facts of the withdrawal and the effect of the claimant's action on the proceedings.

NOTE:

If the claimant requests to withdraw the entire application after court remand, see HALLEX I-3-4-3 A NOTE 2. The AC will address the issue in its decision pursuant to the instructions below.

The AC's decision will contain the following:

  • A statement of the procedural history on remand from the court;

  • A discussion of the facts surrounding the claimant's request to withdraw the RH;

  • A discussion of the supporting documents entered in the record;

  • An explanation that the claimant's action renders the controversy moot, thereby making additional administrative proceedings unnecessary; and

  • A statement adopting the prior final decision of the Commissioner, as modified.

C. ALJ Issues a Dismissal or Recommended Dismissal After Remand

As explained in HALLEX I-2-4-37, an ALJ may dismiss an RH following a sentence four remand from a court for the reasons noted in HALLEX I-2-4-5.

However, when the court issues a sentence six remand, the ALJ may not dismiss an RH but must issue a decision, even when the circumstances noted in HALLEX I-2-4-5 are met. See HALLEX I-2-4-37. If the ALJ improperly issues a dismissal when a court remands under sentence six, the AC will usually remand the case. However, when appropriate, the AC may issue a decision correcting the issue and specifically stating that the AC does not adopt the ALJ's dismissal. After the decision, the AC will then prepare a supplemental certified administrative record.