I-4-5-5.Request for Voluntary Remand — Analyst Review Procedures

Last Update: 8/12/16 (Transmittal I-4-54)

The Office of the General Counsel (OGC) or a United States Attorney may have concerns about the defensibility of a pending court case and may request the Appeals Council (AC) to consider the case further. The United States Attorney raises concerns through OGC. The following procedures apply to requests from any OGC office.

Upon receipt of a request for voluntary remand, the analyst will review the claim(s) file or certified administrative record and prepare a brief analysis and recommendation. The analyst will forward the case to the administrative appeals judge having geographical and numerical responsibility for the case (see Hearings, Appeals and Litigation Law manual I-3-0-6). In analyzing cases, the analyst may presume that issues not raised by OGC are considered defensible. Notwithstanding this presumption, any significant defects in the administrative decision which the analyst discovers will be brought to the AC's attention.