I-2-4-95.Exhibit—Decision When Claimant Abandons Claim After Sentence Six Court Remand

Last Update: 7/22/05 (Transmittal I-2-59)


IN THE CASE OF _______________________________ (Claimant)

CLAIM FOR ______________________________ (Social Security Number)

______________________________ (Wage Earner)

_____________________________ (Social Security Number)

This case is before the Commissioner on a sentence six remand from the United States District Court for (Fill- in: district), Civil Action Number (Fill-in: civil action number). The court directed the Commissioner on remand to (Fill-in: explanation of proceedings required by court order).

The Appeals Council vacated the Commissioner's prior final decision in this case and remanded the case for further proceedings in accordance with the court's order. On (Fill-in: date) the claimant (and his/her representative) (was/were) notified of the time and place of the scheduled hearing (Fill-in: Exhibit No.).

(Explanation of facts surrounding abandonment) (Fill-in: Exhibit No.). OR (The claimant or The claimant, through his/her representative,) responded by (Fill-in: letter/telephone) on (Fill-in: date) that (he/she) did not wish to pursue the claim (Fill-in: Exhibit No.).

The claimant's action of (abandoning/withdrawing) the claim renders the controversy moot, thereby making additional administrative proceedings unnecessary. Therefore, the Administrative Law Judge adopts, as herein modified, the findings and conclusions in the decision of (Fill- in: date of vacated decision).

It is the decision of the Administrative Law Judge that, based on the (application/applications) filed on (Fill-in: date(s)), the claimant is not entitled to (Fill-in: type of benefit(s), e.g., a period of disability or disability insurance benefits) under (Fill-in: applicable § of the Social Security Act).

Administrative Law Judge