I-4-8-10.Initial Processing of Administrative Law Judge Decisions After Court Remand

Last Update: 12/8/17 (Transmittal I-4-78)

A. General

Generally, after an administrative law judge (ALJ) decision following court remand, the hearing office staff will close the Case Processing and Management System record and route any paper claim(s) file to the appropriate effectuating component or the Social Security Administration's National Records Center (SSANRC). See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-8-18.

B. Initial Routing of Correspondence

Immediately upon receipt of a correspondence about an ALJ decision after court remand, the mailroom staff will forward the correspondence to the Court Case Preparation and Review Branch (CCPRB) with jurisdiction. The CCPRB paralegal support technician will process the correspondence using the procedures below.

NOTE:

Jurisdiction is determined in the same manner as request for review cases (i.e., based on the claimant's residence). If a claimant moves to a different judicial circuit after a court remands his or her case, cross-jurisdictional questions (e.g., interpretations of the remand order or relevant precedents) may be referred to the Office of Appellate Operations branch having jurisdiction of the judicial circuit in which the remand order was issued.

C. Initial Case Processing

Upon receipt of a correspondence related to an ALJ decision after court remand, CCPRB staff will:

  • Determine whether the case is a sentence four or sentence six remand by reviewing the court remand order or judgment (if there is doubt, consult a supervisory legal assistant or branch chief).

  • Establish an appropriate control in the Appeals Review and Processing System.

  • For paper claim(s) files, CCPRB staff will use the procedures in HALLEX I-4-1-12 B to request the paper claim(s) file.

    NOTE:

    If the claim(s) file and/or hearing recording cannot be located in a sentence four case in which exceptions were filed or in a sentence six case, CCPRB staff will contact the Office of the General Counsel to obtain a copy of the certified administrative record, if available.

  • Review the correspondence to determine whether exceptions are timely filed using the procedures in HALLEX I-4-8-20.

  • Associate the correspondence related to the case with the claim(s) file.