While an administrative law judge (ALJ) may only request clarification of an Appeals Council (AC) remand order in limited circumstances (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.085), there are other circumstances when feedback to the AC is appropriate. The AC feedback initiative (ACFI) provides feedback to the AC regarding its remand orders. ACFI referrals facilitate discussion about specific issues, including inconsistent application of Social Security Administration policy or potential training needs at both the AC and hearing level. Case specific communication between ALJs and the AC outside of the ACFI is inappropriate, regardless of whether the case is pending or closed.

If an ALJ receives an AC remand order that does not meet the criteria for clarification under HALLEX HA 01210.085, but the ALJ, based on their understanding of policy, determines it is unclear, may demonstrate inconsistent application of policy by the AC, or, while technically correct, contains only insignificant errors that do not warrant remand, the ALJ can refer the case through the ACFI.

Examples of appropriate ACFI referrals include:

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  The AC issues a remand order for two reasons and one of the reasons is a mistake; or

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  The AC issues a remand order that contains a clear directive(s) but does not set forth the justification for the directive(s).

If the conditions in subsection B above are met, an ALJ can refer a case through the ACFI. To refer a case, the ALJ will:

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  Prepare an e-mail with the subject line “ACFI submission – [claimant's last name],” and include in the body of the email the claimant's name, Social Security Number, and a brief statement identifying the problem with the remand order; and

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  Send the email to a designated mailbox in the Hub.

The designated Hub mailboxes are:

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  Hub A: ^DA HRNGHubA Programs

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  Hub B: ^DA HRNGHubB Programs

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  Hub C: ^DA HRNGHubC Programs

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  Hub D: ^DA HRNGHubD Programs

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  Hub E: ^DA HRNGHubE Programs

On receipt, Hub staff will evaluate the referral and decide whether to forward the referral for further consideration to Compliance, DDS and Hearings Quality (DHQ). When a referral is appropriate, Hub staff will send the referral to |||DA DICompliance Hearings Quality. The Hub will advise the ALJ whether the referral was forwarded to the DHQ and the reason(s) for any non-referrals.

DHQ will evaluate the referral and decide whether to forward the referral to the AC for review. DHQ will advise the Hub and referring ALJ whether the referral was forwarded to the AC and the reason(s) for any non-referrals.

The AC will evaluate the issue and take any necessary action to provide feedback to the appropriate individuals in the AC. In some cases, the AC may use the referrals to make recommendations regarding policies or procedures, or to recommend additional training.