I-1-10-47.Appeals Council - Addressing a Subsequent Claim(s) when Processing a Pending Court Case or Court Remand
Last Update: 8/18/17 (Transmittal I-1-90)
A. Processing a Request for Voluntary Remand in a Prior Claim(s) with a Subsequent Claim(s)
Generally, when processing a request for voluntary remand, the analyst will include information regarding a subsequent claim(s) in his or her recommendation to the Appeals Council (AC). For instructions on identifying subsequent claim(s), see Hearings, Appeals and Litigation Law (HALLEX) manual I-1-10-15.
Except in unusual circumstances, the AC will not stipulate to affirm a subsequent allowance when considering whether to voluntarily remand a pending court case in a prior claim(s). Such a stipulation would limit the AC's ability to correct other possible issues in the subsequent claim(s), such as unreported earnings.
B. Processing a Court Remand in a Prior Claim(s) when a Subsequent Claim(s) Is Pending in Federal Court
When the AC processes a court remand in a prior claim(s) and discovers that a subsequent claim(s) is pending in Federal court and involves a common issue, the AC will ask the Office of the General Counsel to seek voluntary remand in the subsequent claim(s) for consolidation with the prior claim(s). For how we define a common issue, see Program Operations Manual System DI 12045.010 and DI 12045.015.
For information about seeking remand of a pending court case, see HALLEX I-4-5-10.
Once the AC obtains jurisdiction over the subsequent claim(s), absent unusual circumstances, it will issue a single remand order that addresses both court remands and directs consolidation of the claims. The remand order will also explain what actions the administrative law judge needs to take on remand.