I-4-3-31.CCPRB Determination That Appeals Council Review Not Required
Last Update: 9/13/05 (Transmittal I-4-15)
A. Ensuring Case is Ready to Work
If none of the above situations exists, the analyst must then ensure that the case will be ready to work when it is received in the HO. The analyst's actions must include, but are not limited to, the following:
In all cases:
Ensuring that the court's order is a bona fide remand order which requires OHA to take further action before issuing a decision and is not, in effect, a reversal (requiring effectuation).
Ensuring that an updated earnings record and claims queries (MBR, SSID, OHA CCS, and DDSQ) are in file. This will serve not only as an alert to a possible return to work, but will also provide updated information as to insured status, and serve as an alert if the claimant has filed a subsequent application (see I-4-3-100 for procedures on obtaining a current wage record).
Ensuring that, if the claimant has filed a subsequent claim, the procedures in HALLEX, TI-5-3-17, Processing Subsequent Disability Claims and I-4-2-101, Memorandum From the Executive Director, Office of Appellate Operations dated October 25, 2002, are followed.
In remand order cases in which the district court adopted, in whole or in part, the magistrate judge's report and recommendation, ensuring that a copy of the magistrate judge's report and recommendation is in the file.
In magistrate judge-signed remand order cases, ensuring that both parties agreed to the referral of the case to a magistrate judge to conduct the proceedings, including entry of final judgment.
In bench opinion cases, ensuring that a copy of the transcription of the oral proceedings is in the file (these transcriptions must be requested by calling the appropriate OGC office).
In cases in which the court directs the Commissioner to consider newly submitted evidence, ensuring that a copy of the evidence is in the file or, if it is not, amending the remand cover letter to request the claimant or the claimant's counsel to submit the evidence directly to the ALJ.
In cases in which the court has granted plaintiff's motion seeking remand, ensuring that a copy of plaintiff's motion for remand and any memoranda in support of such a motion is in the file and, if it is not in the file, amending the remand cover letter to request the claimant or the claimant's counsel to submit a copy directly to the ALJ.
In all cases in which the court's order is unclear, obtaining necessary clarification or information from OGC and documenting the file.
B. Preparing Remand Order
After the analyst ensures that the case is ready to work when the HO receives it, an AC remand order must be prepared according to the instructions in section I-4-3-32. All cases not requiring AC review will be remanded using the standard language remand order (see I-4-3-101) except for:
Cases remanded because the hearing recording is lost or inaudible (use the de novo hearing remand in I-4-3-102).
Remands in which an approved class action remand order is appropriate (see the HALLEX Temporary Instruction for the particular class action).