I-4-3-43.Special Procedures for Critical Cases

Last Update: 12/3/13 (Transmittal I-4-29)

A. General

See Hearings, Appeals, and Litigation Law (HALLEX) manual I-3-1-51 A.

B. Critical Case Designation

The Congressional and Public Affairs Branch (CPAB) is responsible for designating critical cases and monitoring the Office of Appellate Operations (OAO) pending critical case workload. Court Case Preparation and Review Branch (CCPRB) branch chiefs (BC) are responsible for ensuring that critical cases assigned to his or her branch are promptly processed. CCPRB staff is responsible for bringing to the BC's attention any case that may meet the criteria in HALLEX I-3-1-51 A.

See instructions in HALLEX I-3-1-51 B for adding, removing, and monitoring critical case designations.

C. CCPRB Case Processing

1. Assigning the Case

See HALLEX I-3-1-51 C.1.

2. Appeals Council (AC) Final Action

a. Fully or Partially Favorable Appeals Council Decision

The BC must notify CPAB when the AC issues a fully or partially favorable decision in a Terminal Illness (TERI), Military Casualty/Wounded Warrior (MC/WW), or Compassionate Allowance (CAL) case by sending an email to |||ODAR OAO CPAB.

A certified administrative record (CAR) may be needed when the AC issues a partially favorable decision. See generally HALLEX I-4-3-1. When required, the CAR must be prepared before the case is forwarded for effectuation. The AC will not prepare a certified supplemental court transcript or CAR when the AC issues a fully favorable decision following a sentence 6 remand. However, the AC will submit a copy of the decision to the Office of the General Counsel (OGC) for filing with the district court to close out the civil action. The AC will complete all actions by close of business the day after the decision is issued.

3. Denial, Dismissal, or Unfavorable Decision

The BC must notify CPAB when the AC issues an unfavorable action by sending an email to |||ODAR OAO CPAB.

CCPRB staff will follow normal procedures when releasing the action document and preparing the CAR, if necessary.

4. Remand

The BC must notify CPAB when the AC remands a critical case to an administrative law judge. The AC will expedite standard procedures for releasing the remand order, and, when a paper file is involved, forward the file(s) to the hearing office by the most expeditious means practical (e.g., express mail). For paper TERI, MC/WW, or CAL cases, clearly annotate all transmittals and envelopes “TERI”, “MC/WW,” or “CAL” case.