I-4-8-5.Final Decisions After Court Remand

Last Update: 6/26/23 (Transmittal I-4-97)

A. Authority to Issue Final Decisions After Court Remand

Under 20 CFR 404.984 and 416.1484, the Appeals Council (AC) may assume jurisdiction of the case based on written exceptions to the administrative law judge (ALJ)'s or AC's decision (rather than a request for review) if a claimant or the representative(s), if any, files such exceptions within 30 days after the date they receive the decision, or within the time allowed by the AC if it grants an extension of time.

NOTE:

If the AC assumes jurisdiction, it may consider any issues related to the claim, whether or not they were raised in the administrative proceedings leading to the final decision or subsequently considered by the ALJ in the administrative proceedings following the Federal court's remand order. If the claimant files written exceptions, the AC may assume or decline jurisdiction at any time.

If the claimant does not file written exceptions to the ALJ's or AC's decision, the AC may assume jurisdiction of the case on its own authority within 60 days after the date of the decision.
If the AC does not assume jurisdiction of the case on its own authority, and the claimant does not file exceptions to the ALJ's or AC's decision, the ALJ's decision becomes the final decision of the Commissioner after the end of the 60-day period.
If the AC assumes jurisdiction of the case, it may issue its own decision, dismiss the request for hearing, or remand the case for further proceedings, regardless of whether the ALJ's decision was favorable, unfavorable, or partially favorable.

B. Schaefer v. Shalala, 509 U.S. 292 (1993)

In Schaefer v. Shalala, 509 U.S. 292 (1993), the Supreme Court explained that a district court may remand a case to the Commissioner of Social Security only as provided in sentence four or sentence six of section 205(g) of the Social Security Act. For detailed information about sentence four and sentence six court remands, see HALLEX I-4-6-1.