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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-2-127

Chapter: I-2-4

Subject: Dismissals


This transmittal adds new section I-2-4-37 to the Hearings, Appeals and Litigation Law (HALLEX) manual to incorporate instructions regarding dismissals when a claim is remanded from Federal court. As this information was previously in HALLEX I-2-8-18, we made minor editorial and formatting changes to the existing language.

Explanation of Content and Changes

HALLEX Section I-2-4-37 is organized as follows:

HALLEX I-2-4-37 – We titled the section “Dismissal After Court Remand.”

HALLEX I-2-4-37 A – We titled the subsection “General” and explained that an administrative law judge (ALJ) may dismiss a case remanded by a court under sentence four of sections 205(g) and 1631(c) of the Social Security Act, but an ALJ may not dismiss a court remand issued under sentence six. We added a helpful citation to more information about sentence four and sentence six remands.

HALLEX I-2-4-37 B – We titled the subsection “Sentence Four” and incorporated information previously in HALLEX I-2-8-18.

HALLEX I-2-4-37 C – We titled the subsection “Sentence Six” and incorporated information previously in HALLEX I-2-8-18.

Date: November 20, 2014