I-4-4-20.Processing Recommended Decisions After Court Remand

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

NOTE:

Under the regulations an ALJ can elect to issue a recommended decision. The AC can also direct the ALJ to issue a recommended decision (see 20 CFR § 404.977 and § 416.1477).

A. Routing a Recommended Decision

The HO forwards a recommended decision and the CF to:

OFFICE OF HEARINGS AND APPEALS, SSA
OFFICE OF APPEALS OPERATIONS
5107 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041-3255
ATTN: CCPRB (enter appropriate CCPRB and room number)

NOTE:

Consistent with the policy of the U.S. Postal Service the above address should be in all capital letters.

B. CCPRB Control Actions

The CCPRB controls the case, retrieves the appeals file and recordings, if necessary, and immediately forwards the CF(s) to the OAO branch which has jurisdiction over the claimant's residence under the same assignment system that applies to request for review cases.

C. OAO Branch Control Staff Actions

OAO staff is responsible for:

  1. Assigning fully favorable recommended decisions to analysts immediately.

  2. Diarying the unfavorable and partially favorable cases for 45 days after the date of the ALJ's recommended decision to await a brief or other material from the claimant or representative.

  3. Assigning the unfavorable and partially favorable cases to an analyst at the end of the 45-day period or, if earlier, on receipt of a brief or other correspondence.

D. OAO Branch Analyst Actions

OAO analysts are responsible for:

  1. Following general correspondence procedures for non-court cases in which extensions of time to submit a brief or statements about the recommended decision are requested.

  2. Reviewing the court and AC remand orders, the evidence of record, the recommended decision, and any additional material the claimant submits to the AC.

  3. Preparing a supplemental analysis of the case, including the instructions in the court's remand order or the stipulation for remand, and describing the pertinent events on remand and any arguments, etc., received concerning the recommended decision.

  4. Preparing an AC decision to adopt, modify or not adopt the ALJ's recommended decision or preparing a remand order, as appropriate.

  5. Following the procedures outlined in I-4-4-104 for routing and releasing AC decisions and remands.