I-4-3-60.Motions for Clarification of Appeals Council Remand Orders After Court Remand

Last Update: 7/30/13 (Transmittal I-4-24)

An administrative law judge (ALJ) may seek clarification of an Appeals Council (AC) remand order only when the ALJ cannot carry out the directive(s) set forth in the order, or the directive(s) appears to have been rendered moot. ALJs may not seek clarification of AC remand orders under any other circumstances. For more information about when an ALJ may use the clarification process, see Hearings, Appeals, and Litigation Law (HALLEX) manual I-2-1-85.

There are two types of clarification requests: expedited clarification requests and formal clarification requests. Expedited clarification requests are used when the sole reason for remand is a missing claims folder, missing recording, or both, and the folder, recording, or both are subsequently found. Formal clarification requests apply in all other circumstances.

NOTE:

The term “missing recording” also encompasses inaudible recordings. If a case is remanded solely because the hearing recording is inaudible, but the recording is later found to be completely audible, the expedited clarification process may be used.

The AC will process expedited clarifications using the instructions in HALLEX I-3-7-50 and I-4-3-50. The AC will process all other clarification requests using the instructions in HALLEX I-3-7-50.