TN 1 (08-99)

A. Process

1. Court Remand on Own Motion or on Plaintiff's Motion

The court may, on its own motion or on motion of the plaintiff, remand a case for further hearing or for taking additional evidence.

2. Upon Commissioner's Motion

Upon the Commissioner's request and for good cause shown, the court may remand for the Commissioner's further action. When a remand is ordered, the case returns to the AC. The AC itself may handle the case or may in turn remand the case to an ALJ for further action and a decision or recommended decision.

3. AC Remand to the ALJ

Generally, unless the AC retains jurisdiction, the ALJ makes decisions in court remand cases in the same manner as any other ALJ decision. (See SI 04030.050 ff.). The ALJ may issue a recommended, rather than final, decision. The HO will send cases involving fully and partially favorable decisions directly to the processing center or FO for effectuation. The HO will attach a “court remand flag” to these folders. After effectuation, these cases should be routed in the same manner as non-court cases unless the HO provides special instructions. If the ALJ renders an unfavorable decision, the HO will send the case to the Office of Appellate Operations, OHO.

4. AC Action on a Recommended Decision

The ALJ may choose to issue a recommended, rather than a final decision in court remand cases. The AC may also direct the ALJ to issue a recommended decision. If the ALJ issues a recommended decision, the AC may issue a decision adopting, modifying or rejecting the recommended decision. The AC may also remand the case again to the ALJ for decision. The FO will effectuate that AC decision in the particular case, based on the copy the AC sends to that office. Unfavorable (or partially favorable) AC decisions are returned to the court, along with a supplemental transcript of the evidence and proceedings on remand.

B. Procedure

1. ALJ Decision — Appellant Contacts FO And Is Not Represented

Assist the appellant in preparing his/her objections if the ALJ rendered a recommended decision, or exceptions if the ALJ issued a final decision. Promptly forward them to the Office of Appellate Operations, OHO. Do not prepare Form HA-520-U5.

2. If the Appellant Is Represented By Counsel

Ordinarily, do not deal with the appellant directly. Where either an ALJ or the AC requests development in a remanded case, undertake development through counsel, unless the appellant's attorney, the ALJ or the AC specifically requests direct contact with the appellant.

C. Reference

Title II, GN 03106.036 — Court Remand Orders.