Background

In response to inquiries from Administrative Law Judges (ALJs) concerning the procedure to follow when there is a question about an Appeals Council remand order, the Office of Hearings and Appeals (OHA), in a memorandum dated July 11, 1988, established the motion for clarification procedure. This procedure required ALJs to send a formal motion for clarification to the Appeals Council. The motion became part of the record and a copy was provided to the claimant and any representative. “Clarification” was not defined; the ALJ was asked only to limit the motion for clarification to the issue(s) needing clarification, and avoid comments on the merits of the individual case or the Appeals Council remand order. OHA suspended the motion for clarification procedure on October 16, 1990, because of workload considerations.

OHA has established a new policy governing when an ALJ may seek clarification of an Appeals Council remand order, and a new procedure to follow when requesting clarification, to replace the suspended motion for clarification procedure. The new procedure limits the circumstances under which an ALJ may seek clarification, describes the procedure to follow when requesting clarification, and sets time limits for actions at each step to ensure the process does not cause unnecessary delays.

Explanation of Content and Changes

The purpose of this transmittal is to revise section I-3-750 to reflect current OHA policy and procedure concerning Appeals Council action on an ALJ's request for clarification of a remand order. The Appeals Council will respond to the ALJ in writing, with a copy to the claimant and any representative, within 20 days after receipt of the clarification request and claim file.

We have amended section I-3-755 to state that the Appeals Council will not vacate a remand order after a new hearing has been held.

This transmittal also revises section I-3-742 to specifically provide that the appeals technician will release the Appeals Council remand order and the claim file to the hearing office servicing the claimant's address.

Remove

From Chapter I-3-700:

I-3-740 C. cont., I-3-741 cont., and I-3-750 B. cont., dated October 30, 1990 (3 pages).

Insert

In Chapter I-3-700:

I-3-740 C. cont., dated October 30, 1990 (1 page).

I-3-741 cont., and I-3-750 A. cont., dated September 9, 1992. (2 pages).

Date: September 9, 1992