Last Update: 9/14/2005 (Transmittal I-1-56)

HA 01170.097 Sample — Text for Appeals Council Remand to DDS - Class Member Claim Pending Appeals Council Review - Appeals Council Finds Unrelated Basis for Remand

Renumbered from HALLEX section I-1-7-97

On ____________, the claimant filed a request for review by the Appeals Council on the issues raised by ((his/her) application dated ____________.) OR (the Administrative Law Judge's dismissal action.) The claimant has also been identified as a member of the (enter name of class action) class action and is entitled to have (his/her) claim reviewed by the (name of state, e.g., Tennessee) Disability Determination Service under the terms of the (enter date) (order of the U.S. District Court for the District of ___________ OR stipulation and order for settlement approved by the U.S. District Court for the District of __________ OR other entry as appropriate).

(Discuss the Appeals Council's reasons for remand.)

Accordingly, the Appeals Council grants the claimant's request for review and vacates the Administrative Law Judge's (decision/dismissal action). Because the claimant is also eligible for relief at the Disability Determination Service level under the (enter name of class action) class action, the Council remands this case to the (name of state, e.g., Tennessee) Disability Determination Service for review of the issues raised by the ____________ application and issuance of a new determination that considers the issue of disability through the current date. If the (name of state, e.g., Tennessee) Disability Determination Service does not issue a fully favorable determination, it will notify the claimant of the right to request a hearing before an Administrative Law Judge.