Background

This transmittal added Hearings, Appeals and Litigation Law (HALLEX) manual section I-1-10-47 to provide instructions for addressing a subsequent claim(s) when processing a pending court case or court remand.

Explanation of Content and Changes

HALLEX I-1-10-47 – In subsection A, we stated that when processing a request for voluntary remand, an analyst will include information regarding a subsequent claim(s) in his or her recommendation to the Appeals Council (AC). We also noted that, except in unusual circumstances, the AC will not stipulate to affirm a subsequent allowance when considering whether to voluntarily remand a pending court case in a prior claim because such a stipulation would limit the AC's ability to correct other possible issues in the subsequent claim(s), such as unreported earnings. In subsection B, we explained that when the AC processes a court remand in a prior claim and discovers that a subsequent claim(s) is pending in Federal court and involves a common issue, the AC will ask the Office of the General Counsel to seek voluntary remand in the subsequent claim(s) for consolidation with the prior claim(s). We stated that once the AC obtains jurisdiction over the subsequent claim(s), it will issue a single remand order that addresses both court remands and directs consolidation of the claims.

Date: August 18, 2017