I-2-8-10.Final Decisions

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).

NOTE:

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.)