Last Update: 9/2/05 (Transmittal I-2-63)
When a case is before an ALJ on an RH or on remand from the Appeals Council or a Federal court, the ALJ will, upon completion of all proceedings, issue a final decision unless:
the conditions for issuing a recommended decision exist (see I-2-8-15 A., Conditions for Issuing a Recommended Decision); or
the conditions for issuing a dismissal order exist (see I-2-4-5 A., Conditions for Dismissal).
The conditions for issuing a dismissal order apply in sentence four remands by the court. Dismissals are not proper in sentence six remands.
(See I-2-8-18, Administrative Law Judge Decisions in Court Remand Cases, and I-2-8-25, Writing the Decision.)