Chapter: I-4-6
Subject: Court Remand – Remand to Administrative Law Judge
This transmittal amends sections I-4-6-1, I-4-6-6, and I-4-6-20 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update our procedures for processing Federal court remands in accordance with the regulatory changes at 85 FR 73138.
I-4-6-1 – We updated subsection B.1., which describes procedures for processing Federal court remands under sentence four, to indicate that the Appeals Council (AC) may dismiss the proceedings following court remand for any reason that an administrative law judge may dismiss a request for hearing. This update aligns with the regulatory changes in 20 CFR 404.983(d) and 416.1483(d) at 85 FR 73138. We updated subsection C to include dismissal as one of the actions that would require AC signature. We also made minor editorial changes.
I-4-6-6 – We updated subsection B to include dismissals in the list of actions for which support staff will complete a time-limited remand report. We also made minor editorial changes.
I-4-6-20 – We updated this section to include dismissal in the list of situations for which AC review is necessary. We also made minor editorial changes.
Date: December 16, 2020