I-3-2-9.Recording Audit Requirements: Court Remand Cases
Last Update: 2/23/15 (Transmittal I-3-98)
TYPE OF ACTION |
AUDIT REQUIRED |
NOTES REQUIRED |
Unappealed Review Cases | ||
Own Motion Recommendation for Reversal or Remand |
Full Audit |
Expert testimony* |
Effectuation |
Analyst's Discretion |
None |
Exception Cases | ||
Unfair Hearing Allegation |
Full Audit |
Complete Notes; All Testimony |
Assume Jurisdiction Issue a Less Than Fully Favorable Decision |
Full Audit |
Expert Testimony* |
Assume Jurisdiction Fully Favorable Decision |
Not Required When Recommendation is Fully Supported by the Documentary Record |
Analyst's Discretion |
Remand |
Spot Audit of Complete Recording Plus Full Audit of Expert Testimony |
Expert Testimony* |
Decline Jurisdiction (No Unfair Hearing Allegation) |
Medical Expert (Except When Unnecessary, e.g., Denial Based on SGA, etc.) |
Complete Testimony* |
VE Testimony (Except when Unnecessary, e.g., Step Two or Step Four Denial)* |
Complete Testimony* |
* If the ALJ has accurately summarized the testimony in the hearing decision, the audit notes should simply state this fact and refer the AAJ to the relevant pages of the decision. In addition, if an audit of the testimony was unnecessary because the case was denied, for example, at step two or step four, an explanation should be provided.