I-4-1-41.Complaints Filed Following Court Remand
Last Update: 9/13/05 (Transmittal I-4-15)
Under the remand procedures, a district court may remand a case under either sentence four or sentence six of section 205(g) of the Social Security Act, as amended (See I-4-3-1). If a case is remanded under sentence four, the court's jurisdiction ends when the case is remanded and the claimant must file a new complaint following an ALJ or AC final decision issued after court remand. If a new complaint is not timely filed, absent a showing of good cause, the claimant cannot obtain further judicial review of his or her case. These cases are to be processed as new court cases as outlined above. In cases remanded under sentence six, the court's jurisdiction does not end when the case is remanded. Because the case is already pending in court, any new complaint with a new civil action number may duplicate the existing cause of action. The staff must send a form memorandum to the appropriate OGC office advising them of this duplicate filing (I-4-1-115). OGC will then move to have the new complaint dismissed or consolidated with the prior civil action.