I-4-3-106.Exhibit - Court Remand Case Flag

Last Update: 9/13/05 (Transmittal I-4-15)

COURT REMAND CASE FLAG

(Attach Flag to Claim File When It Is Available)

(CCPRB Completes Items 1 - 4)

1. Jurisdiction __________ Date of Court Remand Order: ___/____/___ Mo. Day Year

2. Time Limit? (Circle one) YES NO

If YES, specify the action required __________________

DUE DATE: __/___/__ (Mo. Day Year) Hearing Office notified? (Circle one) YES   NO

3. Delayed Case? (Circle one) YES NO

4. Court Remand Type? (Circle one): Sentence 4 Sentence 6

_______________________________________________________________________

IDENTIFICATION OF DECISION

(HO Litigation Coordinator Completes Items 5, 6 and 7)

5. Claim type:__________ (e.g., SSDC, DIWC, DIWW, etc.)

6. Nature of the Decision(s):

Route to:

_____ Unfavorable

Office of Disability Adjudication and Review
Office of Appellate Operations
5107 Leesburg Pike
Falls Church, VA 22041-3200
Attn: CCPRB ____ [appropriate number]

_____ Fully Favorable

Effectuating Component - Same as non- Court case (Do not return to OAO). See 7a. below for instructions.

_____ Partially Favorable

Effectuating Component - Same as non- Court case (See 7b. below for special handling)

7a. Is the decision fully favorable? YES NO

If 7a. is YES, the hearing office must send a copy of the decision to the [COMMENT: We deleted “Regional” because OPLaw, located at headquarters, is also responsible for transcript litigation in some districts.] Office of the General Counsel that is working with the U.S. Attorney's Office responsible for filing the appropriate documents with the district court so as to close out the civil action.

7b. Is the decision partially favorable? YES NO

If 7b is YES, the hearing office must enter the following remark on the route slip:

AFTER EFFECTUATION, SEND THE FILE (AND HEARING RECORDING(S), IF ANY) TO: ODAR, Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, VA 22041- 3200, ATTN: CCPRB _____ [appropriate number].

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Call your Regional Office if you have any questions about routing court remand cases.

  1. Attaching Flag

    The purpose of the flag is to alert the hearing office (HO) staff to a court remand and bring to the ALJ's attention any special requirements in the remand. The flag will also alert the effectuating component that the case is a court remand and that, unless the decision is fully favorable, it must send the file to the Office of Appellate Operations (OAO) after effectuating the decision.

    The CCPRB in the OAO will complete items 1 - 4 on the flag and attach it to the certified record of the administrative proceedings, or to the claim file if it is available, when it sends the court remand to the HO Chief ALJ. If the court case is an Appeals Council -remand, OAO will also attach the flag.

  2. Completing the Flag — Hearing Office Actions

    ATTACH FLAG TO CLAIMS FILE WHEN THE HO RECEIVES THE FILE

    The HO litigation coordinator completes items 5, 6 and 7 of the flag. These items identify the type of case to ensure that we route it correctly.

Item 5:

Enter the claim type. This information is on the OHA CCS or CPMS systems.

Item 6:

Check the nature of the decision (i.e., unfavorable, fully favorable, or partially favorable). In some situations, you must check more than one block. For example, if you have an unfavorable Title II disability decision combined with a fully favor able Title XVI disability decision, you would check both unfavorable and fully favorable, split the files and route them separately to the appropriate components.

NOTE:

In all cases involving adverse parties, you must check “unfavorable.”

Items 7a and 7b:

Circle “YES” or “NO” on 7a and 7b.

If 7a is YES, the HO must send a copy of the fully favorable decision to the Office of the General Counsel that is working with the U.S. Attorney's Office responsible for filing the appropriate documents with the district court so as to close out the civil action.

If 7b is YES, the HO must enter the special remark on the Form HA-L48 (Transmittal by Office of Disability Adjudication and Review). The required remark is contained in the Automated Case Routing System. It should not be necessary to manually enter the remark on the route slip.

NOTE:

The HO is responsible for alerting the effectuating component that it must return the file to OAO for preparation of the certified record of the administrative proceedings on remand. This is necessary in all cases with partially favorable decisions.

If both 7a and 7b are NO, no special remark is needed on the HA-L48.