I-4-5-5.Request for Voluntary Remand — Analyst Review Procedures
Last Update: 7/6/22 (Transmittal I-4-90)
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 ask 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 (AAJ) 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, the analyst should bring to the AAJ's attention any significant defects in the administrative decision.
NOTE:
When analyzing a request for voluntary remand of a partially favorable decision, the analyst will limit review to the unfavorable portion of the decision. The recommendation should clearly state that the AC's review only relates to the unfavorable period in the decision. While the favorable portion is not before the AC in a voluntarily remanded case, the entire decision is subject to reopening if the conditions set forth in 20 CFR 404.988 and 416.1488 are satisfied.