On receipt of a request for remand from an ALJ, designated staff
will forward the email to the branch chief with jurisdiction over the
claim. The branch chief will immediately assign the case to an analyst
for review.
If the claimant submitted a request
for review but the claim has not yet been established in the case
processing system, the designated staff will either establish the
case before forwarding the information to the branch chief, or will
instruct the branch chief to establish the case in the case processing
system.
If remanding the case to the ALJ is more administratively efficient
and advantageous to the claimant, the analyst will recommend that the
AC remand the case to the ALJ as follows:
•
If remanding an ALJ dismissal at the ALJ's request, the
analyst will enter the remand reason Failure to Appear Dismissal- ALJ
Request Jurisdiction in the case processing system. The analyst will then
prepare a remand order, briefly summarizing the facts and specifically
stating that the ALJ requested the remand in order to proceed with a
hearing (or issue a favorable decision, if applicable).
•
If remanding a decision at the ALJ's request, the analyst
will enter the remand reason New Evidence Presented Upon Administrative
Appeal/Review into the case processing system. The analyst will then
prepare a remand order, briefly summarizing the facts and specifically
stating that the ALJ requested the remand in order to issue a more
favorable decision.
The reasons for remand entered in the
case processing system propagate into the ALJ How MI Doing system to,
in part, provide the ALJ with information about the number of his or her
cases remanded by the AC. In these situations, adding the correct reason
for remand in the case processing system is critical to avoid assigning
an error to the ALJ in the How MI Doing system.
If the AC agrees with the remand recommendation, it will issue
a remand order returning jurisdiction to the ALJ. However, if the AC
does not agree that a remand is appropriate or does not otherwise find
it appropriate to return jurisdiction to the ALJ (e.g., the AC can act
more expeditiously in the claimant's favor), it will take any other
appropriate action to resolve the claim.