In this event, the AC must determine whether the court remanded the case to the Commissioner under sentence four or sentence six of section 205(g) of the Social Security Act. If the court remanded the case under sentence four, OAO staff will add a remark in the Appeals Review Processing System (ARPS) explaining the claimant's request to withdraw exceptions. The branch chief or their designee will then use the SPDI code to dismiss the case in ARPS. If the court remanded the case under sentence six, then the AC must issue a decision that documents the facts of the withdrawal and the effect the claimant's action has on the proceedings. The decision in such cases must contain the following:

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  A statement of the procedural history on remand from the court.

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  A discussion of the facts surrounding the claimant's request to withdraw the exceptions.

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  A discussion of the supporting documents entered in the record.

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  An explanation that the claimant's action renders the controversy before the AC moot, thereby making additional administrative proceedings unnecessary.

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  A statement adopting the prior final decision of the Commissioner, as modified.

When an ALJ dismisses a request for hearing in a case that was remanded by a Federal court under sentence four and the claimant does not file exceptions or a request for review (RR), the AC is not required to take any further action. However, the AC may take own motion review if the circumstances in the case warrant such action, e.g., the AC receives additional evidence that indicates a favorable decision may be issued (see 20 CFR 404.970(a) and (b) and 416.1470(a)(5) and (b)). Absent additional evidence, exceptions, or an RR, the Court Case Preparation and Review Branch will not refer a sentence four dismissal for substantive review.

When an ALJ dismisses a request for hearing in a sentence six case and the claimant does not file exceptions or an RR, the AC must take jurisdiction of the case within 60 days in order to take corrective action. When the circumstances indicate that the claimant has abandoned the claim or withdrawn the request for hearing, the corrective action can be a single-step action using a combination own motion/decision document.