I-4-6-25.Court Case Preparation and Review Branch Determination That Appeals Council Review Not Required

Last Update: 08/22/16 (Transmittal I-4-56)

A. Ensuring Case is Ready to Work

If none of the situations in Hearings, Appeals and Litigation Law (HALLEX) manual I-4-6-20 exists, the analyst will then ensure that the case will be ready to work when it is received in the hearing office (HO). The analyst's actions will include, but are not limited to, the following:

  1. In all cases:

    • Ensuring that the court's order is a bona fide remand order which requires the Office of Appellate Operations to take further action before issuing a decision and is not, in effect, a reversal (requiring effectuation).

    • Ensuring that an updated earnings record and claims queries (MBR, SSID, and DDSQ) are in the file. This will serve not only as an alert to a possible return to work, but will also provide updated information as to insured status, and serve as an alert if the claimant has filed a subsequent application.

    • Ensuring that, if the claimant has filed a subsequent claim, the procedures in HALLEX I-1-10 are followed.

  2. In remand order cases in which the district court adopted, in whole or in part, the magistrate judge's report and recommendation, ensuring that a copy of the magistrate judge's report and recommendation is in the file.

  3. In magistrate judge-signed remand order cases, ensuring that both parties agreed to the referral of the case to a magistrate judge to conduct the proceedings, including entry of final judgment.

  4. In bench opinion cases, ensuring that a copy of the transcription of the oral proceedings is in the file (these transcriptions may be requested by contacting the appropriate Office of the General Counsel (OGC) office).

  5. In cases in which the court directs the Commissioner to consider newly submitted evidence, ensuring that a copy of the evidence is in the file or, if it is not, amending the remand cover letter to request the claimant or the claimant's counsel to submit the evidence directly to the administrative law judge (ALJ).

  6. In cases in which the court has granted plaintiff's motion seeking remand, ensuring that a copy of plaintiff's motion for remand and any memoranda in support of such a motion is in the file and, if it is not in the file, amending the remand cover letter to request the claimant or the claimant's counsel to submit a copy directly to the ALJ.

  7. In all cases in which the court's order is unclear, obtaining necessary clarification or information from OGC and documenting the file.

B. Preparing Remand Order

After the analyst ensures that the case is ready to work when the HO receives it, an Appeals Council (AC) remand order will be prepared according to the instructions in HALLEX I-4-6-30. All cases not requiring AC review will be remanded using the standard language remand order except for remands in which an approved class action remand order is appropriate.