I-4-4-15.CCPRB Staff Actions After the AC's Action on Exceptions (or Own Motion Review)

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

NOTE:

The CCPRBs will release all final AC action documents (notices declining juris­diction, decisions and remand orders), route files appropriately and record all file movements on LOTS and OHA CCS.

A. AC Declines to Assume Jurisdiction

When the AC declines to assume jurisdiction of a case, the CCPRB will:

  • File a copy of the notice in the CF.

  • Release copies of the notice to:

    • Claimant

    • Representative

    • Other copies as indicated

  • In sentence 4 cases, forward the CF's to the OAO Mega-site to await notice of a new civil action. In sentence 6 cases, prepare the supplemental CAR..

B. AC Issues Fully or Partially Favorable Decision

When the AC issues a fully or partially favorable decision, the CCPRB will:

  • File the original decision in the CF.

  • Release copies of the decision to:

    • Claimant

    • Representative

    • Other copies as indicated

  • Release the file(s) to the effectuating component(s).

    NOTE:

    When the AC is issuing a partially favorable decision on a sentence 6 remand case in which the civil action will be pursued, the CCPRB must prepare the supplemental CAR before releasing the CF(s) to the effectuat­ing component(s).

  • If no fee agreement was received, route the appeals file to the Attorney Fee Branch.

  • Send copies of the decision to the OGC office responsible for the case.

C. AC Issues Unfavorable Decision

When the AC issues an unfavorable decision, the CCPRB will:

  • File the original decision in the CF.

  • Release copies of the decision to:

    • Claimant

    • Representative

    • Other copies as indicated

  • In sentence 4 cases, forward the CF's to the OAO Mega-site to await notice of a new civil action. In sentence 6 cases, prepare the supplemental CAR.

D. AC Remands Case

When the AC is remanding a case, the CCPRB will:

  • Attach the original remand order and the court remand flag to the CF.

  • Release the CF to the HO.

  • Release copies of the remand order to:

    • Claimant

    • Representative

    • Other copies as indicated

  • Hold the appeals file in the CCPRB.