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Office of Analytics, Review, and Oversight

Volume I

Transmittal No. I-4-85

Chapter: I-4-7

Subject: Court Remand – Appeals Council Decision


This transmittal amends section I-4-7-1 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update our procedures for the Appeals Council (AC) issuing a decision after Federal court remand in accordance with the regulatory changes at 85 FR 73138.

Explanation of Content and Changes

I-4-7-1 – We updated subsection B, which includes instructions for when an analyst recommends the AC issue a decision following Federal court remand, to indicate that if the analyst recommends a partially favorable decision and a remand order for further proceedings on the remaining issues, the analyst may send notice of AC review with the decision or remand order. This update reflects regulatory changes to 20 CFR 404.973 and 416.1473 in 85 FR 73138. We also made minor editorial changes.

Date: December 16, 2020