I-3-1-92.Processing Cases in Which Claimant Asks to Withdraw When Claim Is Before the AC or the ALJ Issued a Dismissal or a Recommended Dismissal
Last Update: 9/08/05 (Transmittal I-3-36)
When a court remands a case, §§ 205(g) and 1631(c) of the Social Security Act require the Commissioner to modify or affirm the prior findings of fact or decision. The statute precludes dismissal of a court remand case.
B. Claimant Asks to Withdraw From Claim Before the AC
In this event, the AC must issue a decision which documents the facts of the withdrawal and the effect the claimant's action has on the proceedings. The decision in such cases must contain the following:
a statement of the procedural history on remand from the court;
a discussion of the facts surrounding the claimant's request to withdraw the claim;
a discussion of the supporting documents entered in the record;
an explanation that the claimant's action renders the controversy moot, thereby making additional administrative proceedings unnecessary; and
a statement adopting the prior final decision of the Commissioner, as modified.
C. ALJ Issues a Dismissal or Recommended Dismissal
As indicated in I-2-8-18 A., if the claimant fails to appear for the hearing held on remand from the court and does not establish good cause for such failure, or 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. If an ALJ improperly issues a dismissal or recommended dismissal in such cases, the AC must issue a decision and specifically state that the AC does not adopt the ALJ's dismissal or recommended dismissal. A supplemental CAR then is prepared.