I-2-1-59.Identifying and Tracking Court Remands

Last Update: 8/2/16 (Transmittal I-2-182)

A. General

When the Appeals Council (AC) remands a court remand case, its system will automatically propagate that information into the Case Processing and Management System (CPMS). Hearing office (HO) staff must give priority attention to processing court remand cases, with time-limited court remands receiving the highest priority. For priority and assignment of court remand cases, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-55.

Each Office of Hearings Operations (OHO) regional office will track the status of court remand cases and work with the HO when issues arise, such as when a claimant intends to file a motion to hold the Commissioner in contempt of court.

NOTE:

If the claim(s) file is paper and the HO does not receive the paper file with the remand order, see HALLEX I-2-1-11.

B. Special Processing for Time-Limited or Delayed Court Remands

When an HO receives a time-limited or delayed court remand case (see HALLEX I-2-1-55 D for more information), the HO director (HOD), group supervisor (GS), or other designee will immediately:

  • Review the order;

  • Obtain any missing documents as quickly as possible (e.g., additional evidence that was the basis for the remand, a magistrate judge's report, or documents from the claimant, representative, or the Office of the General Counsel (OGC));

  • Estimate whether the HO can process the case within the court's established time limit, and if not, contact OGC about requesting an extension of time (see NOTE below);

  • Designate the priority of the case; and

  • Prepare an analysis of the court order, the AC order, and the facts of the case within 2 working days of receipt (specifically noting the actions mandated by the court or AC, any issues such as a pending motion for contempt of court, or any special circumstances that require special handling such as travel to a remote site).

The HOD, GS, or designee will provide the analysis and claim(s) file to the Hearing Office Chief Administrative Law Judge for immediate assignment to an administrative law judge (ALJ). If the evidence received warrants requesting an extension of time, the ALJ will confer with the HOD, GS, or designee and make the request as soon as practicable.

NOTE:

Usually, the Office of Appellate Operations Court Case Preparation and Review Branch (CCPRB) will request an extension of time if the court-imposed time limit has expired or will expire within 14 days of remanding a case to an ALJ. However, if the CCPRB did not request an extension, the HOD, GS, or designee, acting on behalf of the ALJ, must immediately notify OGC that the ALJ needs an extension. In all other court-imposed time-limited cases, the HOD, GS, or designee must request any extension as soon as the need is apparent, but at least 14 days before the due date specified in the court's remand order. Whenever an extension is requested, the HOD, GS, or designee must inform the ALJ assigned to the case and the OHO regional office of the request.