I-4-8-45.Processing Protest Cases After Court Remand

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

Refer to the existing procedures on processing these cases (see Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-3-6-10.) These cases also are sent to the Executive Director's Office of the Office of Appellate Operations before referral to a Court Case Preparation and Review Branch (CCPRB), where they will be processed as outlined below.

A. CCPRB Control Staff Actions

CCPRB staff will control receipts, update the Appeals Review Processing System (ARPS), obtain any available appeals files from the appropriate CCPRB, immediately assign these cases to an analyst, and, after Appeals Council (AC) review, will promptly return files approved for effectuation.

B. Analyst Actions

The analyst is responsible for reviewing the case for technical accuracy and legal sufficiency, following the procedures in B.1 or B.2 below.

1. No Defects in Decision

The analyst will:

  1. Sign and date the HA-505 (transmittal sheet), and

  2. Route the case through the branch control staff to the effectuating component.

2. Defects Noted in Decision

The analyst will determine whether the case is still within 60 days of the date of the administrative law judge's (ALJ) decision.

  1. If the case is not within 60 days from the date of the ALJ's decision, the analyst should process the case in accordance with the procedures in HALLEX I-4-8-45 B.1., because the AC cannot assume jurisdiction.

  2. If the case is within 60 days from the date of the ALJ's decision, the analyst will:

    • Audit the hearing recording.

    • Prepare a case analysis and recommendation.

    • Prepare a notice to advise the claimant that the AC is assuming jurisdiction on its own motion. The regulations (see 20 CFR § 404.984(c) and § 416.1484(c)) require notice of proposed action when the AC assumes jurisdiction on its own motion either to issue a decision or to remand. This notice gives the claimant an opportunity to file briefs or other written statements about the facts and law relevant to the case.

    • Route the case following instructions for cases in which prior notice of AC action is required. If the AC declines to assume jurisdiction, the case is routed following the procedures in HALLEX I-4-8-45 B.1.

    • Diary the case for 45 days.

    • At the end of the 45 days or, if earlier, after receiving arguments or comments, prepare the AC action document; i.e., a remand order or a decision.

    • Route the document and any necessary supplemental analysis as appropriate.