I-4-8-1.Administrative Law Judge Decisions After Court Remand: General
Last Update: 1/11/17 (Transmittal I-4-60)
If a court remands a case to the Commissioner and the Appeals Council (AC) subsequently remands the case to an administrative law judge (ALJ) for further proceedings and a new decision, the AC will generally vacate the final decision of the Commissioner. The AC procedures for processing court remands are set forth in Hearings, Appeals and Litigation Law (HALLEX) manual I-4-6. AC procedures for processing split actions are set forth in HALLEX I-3-2-60. The ALJ procedures in court remand cases are located in HALLEX I-2-8-18.
Occasionally, a court will affirm a decision in part but also reverse and remand for additional proceedings. In these cases, including title II claims having a date last insured in the past, the AC may vacate the prior hearing decision, but only to the extent not affirmed by the court.