HA 01280.090 Exhibit - Court Remand Case Flag

COURT REMAND CASE FLAG

DOES NOT INCLUDE SENTENCE FOUR REMAND CASES

(Attach Flag to Claim File When It Is Available)

(CCPRB Completes Items 1 - 4)

1. Jurisdiction __________ Date of Court Remand Order: ___/____/___ Mo. Day Year

2. Time Limit? (Circle one) YES NO

If YES, specify the action required __________________

DUE DATE: __/___/__ (Mo. Day Year) Hearing Office notified? (Circle one) YES NO

3. Delayed Case? (Circle one) YES NO

4. Court Remand Type? (Circle): Sentence 6

____________________________________________________________________________

IDENTIFICATION OF DECISION

(HO Litigation Coordinator Completes Items 5, 6 and 7)

5. Claim type:__________ (e.g., SSDC, DIWC, DIWW, etc.)

6. Nature of the Decision(s):	Route to:
_____ Unfavorable	Social Security Administration Office of Appellate Operations Attn: CCPRB ____ [appropriate number] 6401 Security Blvd Baltimore, MD 21235-6401
_____ Fully Favorable	Effectuating Component - Same as non- Court case (Do not return to OAO). See 7a. below for instructions.
_____ Partially Favorable	Effectuating Component Same as non- Court case (See 7b. below for special handling)

7a. Is the decision fully favorable? YES NO

If 7a. is YES, the hearing office must send a copy of the decision to the regional OGC office with jurisdiction for filing with the U.S. Attorney's Office for filing with the district court to close out the civil action.

7b. Is the decision partially favorable? YES NO

If 7b is YES, the hearing office must enter the following remark on the route slip:

AFTER EFFECTUATION, SEND THE FILE (AND AUDIO RECORDINGS), IF ANY) TO: Social Security Administration, Office of Appellate Operations, ATTN: CCPRB _____ [appropriate number], 6401 Security Blvd, Baltimore, MD 21235-6401.

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Call your Regional Office if you have any questions about routing court remand cases.

A. Attaching Flag

The purpose of the flag is to alert the hearing office (HO) staff to a court remand and bring to the ALJ's attention any special requirements in the remand. The flag will also alert the effectuating component that the case is a court remand and that, unless the decision is fully favorable, it must send the file to the Office of Appellate Operations (OAO) after effectuating the decision.

The Court Case Preparation and Review Branch (CCPRB) in OAO will complete items 1 - 4 on the flag and attach it to the certified record of the administrative proceedings, or to the claim file if it is available, when it sends the court remand to the HO Chief ALJ. If the court case is an Appeals Council re-remand, OAO will also attach the flag.

B. Completing the Flag — Hearing Office Actions

ATTACH FLAG TO CLAIMS FILE WHEN THE HO RECEIVES THE FILE The HO litigation coordinator completes items 5, 6, and 7 of the flag. These items identify the type of case to ensure that we route it correctly.

Item 5:

Enter the claim type. This information is on the SSADARS coding sheets.

Item 6:

Check the nature of the decision (i.e., unfavorable, fully favorable, or partially favorable). In some situations, you must check more than one block. For example, if you have an unfavorable Title II disability decision combined with a fully favorable Title XVI disability decision, you would check both unfavorable and fully favorable, split the files and route them separately to the appropriate components.

NOTE:

In all cases involving adverse parties, you must check “unfavorable.”

Items 7a and 7b:

Circle “YES” or “NO” on 7a and 7b.

If 7a is YES, the HO must send a copy of the fully favorable decision to the regional OGC office with jurisdiction for filing with the U.S. Attorney's Office and filing with the district court to close out the civil action.

If 7b is YES, the HO must enter the special remark on the HA-L48 (Transmittal by Office of Disability Adjudication and Review). The required remark is contained in the Automated Case Routing System. It should not be necessary to manually enter the remark on the route slip.

NOTE:

The HO is responsible for alerting the effectuating component that it must return the file to OAO for preparation of the certified record of the administrative proceedings on remand. This is necessary in all cases with partially favorable decisions.

If both 7a and 7b are NO, no special remark is needed on the HA-L48.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501280090

HA 01280.090 - Exhibit - Court Remand Case Flag (I-2-8-90) - 09/02/2005
Batch run: 04/20/2025
Rev:09/02/2005

Program Operations Manual System (POMS)

HA 01280.090 Exhibit - Court Remand Case Flag