I-4-3-81.Appeals Council Decisions — Analysis/ Recommendation
Last Update: 9/13/05 (Transmittal I-4-15)
The analyst must prepare a written analysis of the case and of the court's remand order and must recommend to the AC the type of development and/or decision which, given all of the facts in the case, satisfies all of the court's instructions. The analyst will prepare the analysis and will submit it for the approval of the AAJ (see I-4-3-103 or I-4-3-104 for current AC geographic assignments).
If the analyst is recommending a fully favorable decision, the decision must be submitted to the AC, in final form, along with the analysis/recommendation.
If the analyst is recommending a partially favorable decision and the claimant or the claimant's counsel has not previously agreed to such action by entering into formal, written stipulation adopted by the court's remand order, the analyst must prepare a Notice of Proposed Action in final form, along with the analysis/recommendation for the approval and signature of the AAJ.
B. Analyst Recommending Unfavorable Decision
If the analyst is recommending an unfavorable decision without further development, the analyst must prepare, in final form, a letter to the claimant's representative, with a copy to the claimant, affording them an opportunity to submit additional evidence and/or comments. The analyst must submit this to the AAJ for approval and signature at the time the analysis and recommendation are submitted.
C. Commissioner's Joint and Stipulated Motions for Remand
If the remand is the result of a Commissioner's joint or stipulated motion for remand to take a specific type of action, the analysis/recommendation may be very brief or unnecessary. In this situation, the analyst, upon receipt of the court remand order, must prepare in final form and for approval by the AAJ, the letter or decision previously agreed upon, or the analyst will initiate the development previously agreed upon.