I-4-4-1.Supplemental Review of Pending Court Cases — General

The Office of Appellate Operations (OAO) will perform a supplemental review of a pending court case whenever it receives additional evidence, information, or pertinent legal argument which the Appeals Council has not previously considered. Additionally, OAO will perform a supplemental review of a pending court case when the Department of Justice or Office of the General Counsel (OGC) submits a request for voluntary remand.

Performing a supplemental review necessitates a reevaluation of the certified administrative record pending before the court in light of any new information or contentions to determine whether the Commissioner should seek or agree to voluntary remand of the pending court case for additional administrative proceedings. Upon completion of the supplemental review, OAO will advise OGC of its conclusions in writing.