Last Update: 9/13/05 (Transmittal I-4-15)
When the CCPRBs receive an order, support staff must read the entire order to verify that it is a remand order, as opposed to a reversal or an affirmation. The support staff must also verify that it is signed by a judge or, if signed by a magistrate judge, that it is a valid final order (i.e., the file must show that both parties have agreed in writing to allow the magistrate judge to conduct the proceedings).
NOTE: Reports and recommendations signed only by magistrate judges which have not been expressly approved by the court are not valid remand orders. No action should be taken on these until an order signed by a judge is received.
After verification (through contact with OGC when necessary), the support staff must take the actions below to process the remand order.
The date on which the order is initially received in OAO will be used as the receipt date for entry into Litigation Overview Tracking System (LOTS).
Determine if the court imposed a time limit or if the remand has been delayed (see I-4-3-40 B. and I-4-3-42) and flag the case accordingly. These cases always require expedited handling at all stages of processing. In addition, a delayed case is one which is being processed more than 125 days after the date when the Court remand order was issued. Cases remanded to an ALJ for a second time based on the same Court remand order also are included in the delayed case category.
Generally, if the Commissioner requested remand as a result of the RVR procedures, the claim file (CF) will be in the CCPRB, filed among the other cases awaiting court remand orders. If remand was requested for the purpose of locating or reconstructing the CF, the CCPRB will have a temporary file containing a copy of the remand request. After association of the remand order, all available information, including a copy of the ALJ's decision and exhibit list, should be referred immediately to an Operations Supervisor for further instructions on searching for the CF or assignment to an analyst.
In all other cases, the support staff must obtain appropriate Customer Information Control System (CICS) queries to determine the current location of the CF. If the file is in the Office of Disability Operations (Baltimore, MD) (ODO), the support staff should send a request by FAX to ODIO asking that the file be sent directly to the CCPRB. If the file is in another program service center (PSC) or a Social Security Field Office (FO), the support staff must request the file by telephone. If the CF cannot be readily located in a time- limited or delayed remand order case, the CCPRB support staff must telephone the appropriate OGC office to request that OGC send a copy of the certified administrative record (CAR) to the CCPRB.
The support staff must make a copy of the remand order and any other court-generated documents and place the copies in the appeals file. The originals go on the left-hand side of the CF or the CAR, if the CF is not available. If an appeals file was not previously prepared, the support staff must do so by writing the claimant's name and SSN on the front and back of a new appeals folder (see I-4-3-99).
The support staff must code receipt of the remand into the Office of Hearings and Appeals Case Control System (OHA CCS) and LOTS systems using the earliest date the remand order was received anywhere in OHA. If the court has imposed a time limit for OHA to take action on the remand, the support staff must also enter the time limit information into LOTS.
The support staff must review the remand order to determine if there are additional documents, such as magistrate judge reports or new evidence submitted to the court, which must be obtained. In the case of circuit court remands, both the circuit and district court remand orders must be in the file. If the support staff determines that the case is not ready to be worked because some document(s) is not in file, the missing document must be requested from the OGC office that handled the case. If the remand is time-limited, or if the only missing material is additional evidence referenced in the court's order, the support staff must not delay the case to request the missing evidence.
As soon as a remanded case is ready to work, the support staff must assign it to an analyst in accordance with instructions established by the CCPRB Chief. The support staff must enter into the LOTS the initials of the analyst to whom the case is assigned and the date of assignment. The support staff must generate from LOTS a Court Case Control and Routing Slip (see I-4-2-99) and give it to the analyst with the CAR or CF.