TN 4 (04-01)

GN 03104.355 Review on Remand from the Court

When a Federal court remands a case to the Commissioner for further consideration, the Appeals Council (AC) may make a decision or it may remand the case to an ALJ for further action. The claimant may file exceptions to the ALJ's decision with the AC by submitting a written statement to the AC giving reasons for disagreeing with the ALJ decision. The claimant must file the exceptions within 30 days of the date the claimant receives the ALJ's decision or request an extension within the 30 days. The AC will either make a new, independent decision based on the entire record that will be the final decision of the Commissioner or remand the case again to the ALJ. The AC will send a notice to the claimant providing an opportunity to comment on its proposed action; i.e., decision or remand.