TN 12 (09-18)

GN 03106.050 Responsibilities of the Office of the General Counsel (OGC) for Court Orders

A. OGC’s Process for Effectuating Court Orders

1. OGC receives court order from the United States (U.S.) Attorney's Office or from a court

When OGC receives the court order from the U.S. Attorney's office or the Federal Judiciary’s Case Management/Electronic Case Files (CM/ECF) system, OGC is responsible for the following:

  • Screening and identifying the nature of the court order (for example, affirmance, remand, reversal, or attorney fee);

  • Recording receipt of the order in the Legal Automated Workflow System (LAWS);

  • Forwarding orders to the Social Security Administration (SSA) component responsible for effectuation (see GN 03106.060 for effectuating component responsibilities, as well as GN 03106.036 for court remand order instructions); and

  • Identifying court orders that may warrant further appeal.

2. OGC believes court order warrants further appeal

If OGC believes that the court order warrants further appeal, OGC submits an Appeal Recommendation to the Department of Justice and does not send the decision to the effectuating component.

3. OGC believes no further appeal of court order warranted

If OGC determines that the case does not warrant an appeal, OGC is then responsible for forwarding the order to the appropriate SSA effectuating component (Operations or the Office of Hearing Operations (OHO)).

B. Procedure when an effectuating component receives misidentified court orders

If an effectuating component receives a court order and believes OGC did not correctly label the order, the effectuating component should contact OGC for verification (see GN 03106.020B for jurisdictional responsibilities of OGC offices).

Example of a commonly misidentified court order:

A court order directs that a claim is “remanded to the Commissioner for calculation and payment of benefits” but OGC labeled it “remand.” Contact OGC to determine if Operations should effectuate payment.

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GN 03106.050 - Responsibilities of the Office of the General Counsel (OGC) for Court Orders - 09/21/2018
Batch run: 09/21/2018