I-4-2-40.Request for Voluntary Remand — Analyst Review Procedures

Last Update: 9/13/05 (Transmittal I-4-15)

The Office of the General Counsel (OGC) or a U.S. Attorney may have concerns about the defensibility of a pending court case and may request the Appeals Council (AC) to consider the case further. The U.S. Attorney raises concerns through the OGC. The following procedures apply to requests from any OGC office.

Upon receipt of a request for voluntary remand, the analyst must review the claim(s) file or certified administrative record and prepare a brief analysis and recommendation on the “Analysis of Request for Voluntary Remand” (see Hearings, Appeals and Litigation Law (HALLEX) manual I-4-2-100). The analyst must forward the case using a Court Case Control and Routing Slip to the administrative appeals judge having geographical and numerical responsibility for the case (see HALLEX I-4-2-99, and I-3-0-6). In analyzing cases, the analyst may presume that issues not raised by OGC are considered defensible. Notwithstanding this presumption, any significant defects in the administrative decision which the analyst discovers must be brought to the attention of the AC.