I-4-4-1.ALJ Decisions After Court Remand: General

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

If a court remands a case to the Commissioner and the Appeals Council (AC) subsequently remands the case to an Administrative Law Judge (ALJ) for further proceedings and a new deci­sion, the AC will generally vacate the final decision of the Commissioner (see chapter I-

4-3 for procedures for processing court remands and section I-2-8-18 for ALJ procedures in court remand cases).

NOTE:

Occasionally, a court will affirm a decision in part through the date when issued while reversing and remanding the balance of the decision for additional proceed­ings (e.g., reconsidering a treating physician's opinion, obtaining vocational expert testimony, etc.). In these cases, including Title II claims having a date last insured in the past, the AC may vacate the prior hearing decision, but only to the extent not affirmed by the court.