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

Last Update: 6/26/23 (Transmittal I-4-95)

The Office of the General Counsel (OGC) or 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 that the agency voluntarily seek remand of a case.

Upon receipt of a request for voluntary remand (RVR), the Court Case Preparation and Review Branch (CCPRB) analyst will perform a supplemental review of the claim(s) file or certified administrative record and prepare a brief analysis and recommendation. The analyst will forward the recommendation to an administrative appeals judge (AAJ) for review and approval. 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 agency's final administrative action.


When analyzing a RVR 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 portion of 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/or 416.1488 are satisfied.

Generally, after the recommendation is approved by an AAJ, a CCPRB analyst will release the AC's response to the RVR to the requesting OGC attorney pursuant to instructions in Hearings, Appeals and Litigation Law manual I-4-5-10.