I-4-4-1.ALJ Decisions After Court Remand: General

Last Update: 3/2/15 (Transmittal I-4-38)

If a court remands a case to the Commissioner and the Appeals Council subsequently remands the case to an administrative law judge (ALJ) for further proceedings and a new decision, the Appeals Council will generally vacate the final decision of the Commissioner. The Appeals Council procedures for processing court remands are set forth in Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-4-3. The ALJ procedures in court remand cases are located in HALLEX I-2-8-18.

NOTE:

Occasionally, a court will affirm a decision in part but also reverse and remand for additional proceedings. In these cases, including title II claims having a date last insured in the past, the Appeals Council may vacate the prior hearing decision, but only to the extent not affirmed by the court.