Background

Sections 205(g) and 1631(c) of the Act provide that following court remand the Secretary must modify or affirm the prior findings of fact or decision. HALLEX section I-2-818 A. contains instructions for use at the Administrative Law Judge (ALJ) hearing level which provide that, if the claimant fails to appear for the hearing in a court remand case and does not establish good cause, or when the claimant asks to withdraw from the claim, the ALJ must issue a decision which documents the facts of the abandonment or withdrawal and the effect the claimant's action has on the proceedings.

Explanation of Content and Changes

This transmittal contains instructions for use at the Appeals Council level which parallel those instructions for the ALJ hearing level. The transmittal revises section I-3-180 and adds I-3-180 K. to reflect procedures for writing a decision when the claimant asks to withdraw from a claim before the Appeals Council subsequent to a court remand, as well as, procedures for processing court remand cases in which the ALJ improperly issues a recommended dismissal.

Remove

Remove from Chapter I-3-100:

Table of Contents I-3-101 through I-3-190, dated June 30, 1993 (2 pages).

I-3-170, Special Notices for Blind Claimants or Recipients through I-3-180 C., dated June 30, 1993 (4 pages).

I-3-180 G. cont., through I-3-190 cont., dated June 30, 1993 (3 pages).

Insert

Insert in Chapter I-3-100:

Table of Contents I-3-101 through I-3-151, dated June 30, 1993 and I-3-152 through I-3-190, dated December 17, 1993 (2 pages).

I-3-170, Special Notices for Blind Claimants or Recipients, dated June 30, 1993 and I-3-180, OAO Procedures for Processing Cases When an ALJ Issues a Decision After Court Remand, through I-3-180 C., dated December 17, 1993 (4 pages).

I-3-180 G cont., dated June 30, 1993, I-3-180 I. 1. cont. through I-3-180 K. cont., dated December 17, 1993 and I-3-190 cont., dated June 30, 1993 (4 pages).

Date: December 17, 1993