Background

This transmittal amends Hearings, Appeals and Litigation Law manual section I-4-4-25 to clarify policy for considering whether additional evidence submitted at the court level provides good cause for a seeking remand based on the final rule published in the Federal Register at 81 FR 90987. This final rule establishes nationally consistent procedures for case processing and removes the regulations in 20 CFR Part 405.

Explanation of Content and Changes

In subsection A, we replace the citations to 20 CFR 404.911 and 416.1411 with citations to the new rules in 20 CFR 404.970 and 416.1470 because the new rules provide more relevant guidance. We also clarify that if an analyst determines, in his or her opinion, that good cause for seeking remand does not exist, and the administrative appeals judge (AAJ) having geographical and numerical responsibility for the case concurs, the analyst will prepare a memorandum to the Office of the General Counsel (OGC). We clarify that in the memorandum, the analyst will explain how the additional evidence may affect the pending court case and why good cause for seeking remand does not exist.

In subsection B, we clarify that the analyst will prepare an analysis and recommendation for the Appeals Council and submit it to the appropriate AAJ. In addition, we make minor editorial changes throughout the section.

Date: May 1, 2017