I-4-4-14.AC Staff Actions on Decisions After Court Remand

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

A. General

The AC staff in the DPBs and RSI/SSI Branch is responsible for:

  • Referring cases to the AAJs promptly on receipt.

  • Distributing notice of proposed action documents appropriately.

  • Updating Appeals Council Automated Processing System (ACAPS) and Office of Hearings and Appeals Case Control System (OHA CCS) to reflect AC action.

  • Routing or returning files to the proper component.

B. AC Staff Responsibilities for AC Decision After Court Remand Cases

The AC staff in the DPBs and RSI/SSI Branch is responsible for:

  • Giving a court case to the AAJ immediately upon receipt.

  • When the AC does not concur with the analyst's recommendation, returning the CF to the analyst, through the Branch Chief (if requested by the AAJ), for further action.

C. AC Staff Responsibilities when AC Declines to Assume Jurisdiction of a Case

The AC staff in the DPBs and RSI/SSI Branch is responsible for:

  • In sentence 4 cases, returning the files to the appropriate CCPRB for release of the AC action document (notice declining jurisdiction) and for storage.

  • In sentence 6 cases, returning the files to the appropriate CCPRB for release of the action documents and preparation of the supplemental CAR.

  • Updating ACAPS and OHA CCS to accurately reflect all AC actions and CF movements.

D. AC Staff Responsibilities When AC Issues Unfavorable, Fully and Partially Favorable Decisions

The AC staff in the DPBs and RSI/SSI Branch is responsible for:

  • In sentence 4 cases, returning the files to the appropriate CCPRB for:

    • Release of the AC decision.

    • Release of file(s) to effectuating component(s) (favorable and partially favorable deci­sions).

    • Storage of file(s) on unfavorable decision cases.

  • In sentence 6 cases, returning the files to the appropriate CCPRB for:

    • Release of the AC decision.

    • Release of file(s) to effectuating component(s) (favorable and partially favorable deci­sions).

    • Preparation of the supplemental CAR on unfavorable decision cases.

    • Updating ACAPS and OHA CCS to reflect AC action.

E. AC Staff Responsibilities When AC Issues a Remand

After the AAJs sign the order, the AC staff in the DPBs and RSI/SSI Branch is responsible for:

  • Returning the files to the appropriate CCPRB for release of the AC remand order and storage of the appeals file.

  • Updating ACAPS and OHA CCS to reflect AC action.