Subject: Administrative Law Judge Decision After Court Remand
This transmittal amends sections I-4-8-5, I-4-8-25, and I-4-8-70 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update our procedures for processing final decisions after court remand (FinDec) in accordance with the regulatory changes at 85 FR 73138.
I-4-8-5 – We updated subsection A to clarify that the Appeals Council (AC) may assume jurisdiction of a FinDec at any time after receipt of timely filed exceptions. We also clarified that the AC may consider any issues related to the claim, whether or not they were raised in the administrative proceedings leading to the FinDec or considered following Federal court remand. We also made minor editorial changes.
I-4-8-25 – We updated subsection B to indicate that if an analyst is recommending that the AC issues a decision that is favorable in part and remands the remaining issues for further proceedings, or a remand, he or she will not prepare an interim notice. This reflects regulatory changes to 20 CFR 404.973 and 416.1473 in 85 FR 73138. We also made minor editorial changes.
I-4-8-70 – We rewrote this section to clarify the circumstances under which an interim notice is required before AC action when reviewing FinDecs based on exceptions. Specifically, we included instances in which the AC proposes to dismiss the request for hearing or issue a decision that is favorable in part and remands the remaining issues for further proceedings.
Date: December 16, 2020