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. This information was previously transmitted to OAO staff in an OAO Executor Director's memorandum dated March 30, 2004.

Explanation of Content and Changes

This transmittal revises section I-4-3-106 - Exhibit (Court Remand Case Flag) to indicate, in Item 7a., 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. 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.

Date: June 2, 2004