Background

On March 2, 2004, the Social Security Protection Act of 2004 (Public Law 108-203) was enacted. Section 411 of Pub.L. No 108- 203 eliminated the requirement that SSA prepare and file a “transcript” with the district court after a court-ordered remand for further administrative proceedings, when the subsequent administrative action results in a fully favorable decision. The provision is effective with respect to decisions made upon remand on or after March 2, 2004, the day of enactment of the legislation.

Accordingly, effective for all fully favorable final decisions after court remand under sentence 6 of section 205(g) of the Act issued on or after March 2, 2004, the Court Case Preparation and Review Branches (CCPRBs) in the Office of Appellate Operations (OAO) will no longer prepare certified supplemental court transcripts or certified administrative records for filing with any district court. The CCPRBs will continue to file a copy of the fully favorable decision after court remand with the appropriate U.S. Attorney's Office for filing with the district court to close out the civil action.

Explanation of Content and Changes

This transmittal revises sections I-2-8-18, I-2-8-90 and I-2-8-94 to make conforming changes to reflect the provision of section 411.

Section I-2-8-18 B. is revised to delete references to the Office of Civil Actions because that OHA Headquarters component no longer exists and has been replaced by the Court Case Preparation and Review Branches (CCPRBs) in the Office of Appellate Operations. In addition, all references to Supervisory Staff Attorney (SSA) are changed to Group Supervisor (GS).

In section I-2-8-18 B. 7, subsections (a) and (c), which discussed preparation of a bi-weekly report by CCPRB and the Regional Offices, were deleted because these reports are no longer done.

Section I-2-8-18 B.10 b. 4.b, Administrative Law Judge Decisions in Court Remand Cases, is revised to eliminate a requirement for the effectuating component to forward the claim file and administrative record to the Office of Appellate Operations (OAO) following effectuation of a fully favorable decision after court remand in certain U.S. District Court jurisdictions.

Section I-2-8-18 B. 11 is revised to provide instructions for releasing a fully favorable court remand case and to update the address where a copy of the decision and cassette(s) should be sent.

Section I-2-8-18 C. is revised to update several HALLEX references, delete reference to Form HA-L530 and replace with SSA-1560A and update the amount of a fee that an ALJ may authorize from $5,000 to $7,000.

Section I-2-8-90 - Exhibit (Court Remand Case Flag) is revised to delete a reference to a prior requirement that SSA must provide a certified record in certain district courts jurisdictions when the decision after court remand is fully favorable. Item 7a of the flag was expanded to indicate that when a decision following court- ordered remand is fully favorable, the hearing office must send a copy of the decision to the appropriate Court Case Preparation and Review Branch (CCPRB) in OHA Headquarters and CCPRB will file a copy of the fully favorable decision with the appropriate U.S. Attorney's Office for filing with the district court to close out the civil action.

Section I-2-8-94 - Exhibit (Court Case Remand Routing) is revised to provide that the claim file in a fully favorable decision after court remand should be sent to the effectuating component and the hearing office must send a copy of the decision to the appropriate CCRPB for filing with the appropriate U.S. Attorney's Office to close out the civil action.

Date: June 2, 2004