Generally, when processing a request for voluntary remand, the analyst will include information regarding a subsequent claim(s) in his or her recommendation to the Appeals Council (AC). For instructions on identifying subsequent claim(s), see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01195.015.

When the AC processes a court remand in a prior claim(s) and discovers that a subsequent claim(s) is pending in Federal court and involves a common issue, the AC will ask the Office of the General Counsel to seek voluntary remand in the subsequent claim(s) for consolidation with the prior claim(s). For how we define a common issue, see Program Operations Manual System DI 12045.010 and DI 12045.015.

For information about seeking remand of a pending court case, see HALLEX HA 01450.010.

Once the AC obtains jurisdiction over the subsequent claim(s), absent unusual circumstances, it will issue a single remand order that addresses both court remands and directs consolidation of the claims. The remand order will also explain what actions the administrative law judge needs to take on remand.