I-4-8-30.Appeals Council Staff Actions on Decisions After Court Remand

Last Update: 1/11/17 (Transmittal I-4-60)

A. General

The Appeals Council (AC) staff is responsible for:

  • Referring cases to administrative appeals judges (AAJ).

  • Distributing notice of proposed action documents appropriately.

  • Updating the Appeals Review Processing System (ARPS) to reflect AC action.

  • Routing or returning files to the proper component.

B. AC Staff Responsibilities for AC Decision After Court Remand Cases

The AC staff is responsible for:

  • Giving a court case to the AAJ immediately upon receipt.

  • When the AC does not concur with the analyst's recommendation, returning the claim(s) file to the analyst if paper, through the branch chief, for further action and making appropriate entries in ARPS.

C. AC Staff Responsibilities when AC Declines to Assume Jurisdiction of a Case

The AC staff is responsible for:

  • In sentence four cases, returning the files to the appropriate Court Case Preparation and Review Branch (CCPRB) for release of the AC action document (notice declining jurisdiction) and for storage.

  • In sentence six cases, returning the files to the appropriate CCPRB for release of the action documents and preparation of the supplemental certified administrative record (CAR).

  • Updating ARPS to accurately reflect all AC actions and claim(s) file movements.

D. AC Staff Responsibilities When AC Issues Unfavorable, Fully and Partially Favorable Decisions

The AC staff is responsible for:

In sentence four cases, returning the files to the appropriate CCPRB for:

  • Release of the AC decision.

  • Release of file(s) to effectuating component(s) (favorable and partially favorable decisions).

  • Storage of file(s) on unfavorable decision cases.

In sentence six cases, returning the files to the appropriate CCPRB for:

  • Release of the AC decision.

  • Release of file(s) to effectuating component(s) (favorable and partially favorable decisions).

  • Preparation of the supplemental CAR on unfavorable decision cases.

  • Updating ARPS to reflect AC action.

E. AC Staff Responsibilities When AC Issues a Remand

After the AAJs sign the order, the AC staff is responsible for:

  • Returning the files to the appropriate CCPRB for release of the AC remand order and storage of the appeals file.

  • Updating ARPS to reflect AC action.