If a subsequent claim(s) was allowed at any administrative
level prior to the court remand, the analyst will review the file for
information concerning the subsequent allowance. The analyst will
make a recommendation to the AC as to whether the evidence in both
records supports the outcomes in both the prior claim and subsequent
allowance.
When the subsequent claim(s) file is paper,
OAO staff will request the file before the analyst makes a recommendation
on the subsequent allowance.
If the subsequent allowance is supported, the AC will take one of
the following actions with respect to the prior claim:
•
Issue a fully favorable decision that affirms the
subsequent allowance or references but does not disturb the subsequent
allowance;
•
Propose a partially favorable decision (by establishing
an earlier onset date based on the evidence in the subsequent claim)
and a partial remand of the prior claim based on the court order, if
necessary, affirming the allowance and limiting the scope of the remand to
the appropriate remaining period to be adjudicated; or
•
Issue a remand order, affirming the allowance and
limiting the scope of the remand to the appropriate remaining period to
be adjudicated.
If the subsequent allowance is not supported,
the AC will decide whether to reopen the subsequent
allowance when it acts on the court remand under 20
CFR 404.988 and 416.1488.
If the AC determines that reopening is appropriate, the AC will
issue an interim notice advising the claimant that it is reopening the
subsequent allowance and remanding the subsequent claim to an ALJ for
further proceedings and consolidation with the prior claim.
If it is unclear whether the subsequent allowance is supported and
there is no basis to reopen the subsequent allowance, the AC remand order
will neither affirm nor reopen the allowance and limit the scope of the
remand to the appropriate remaining period to be adjudicated.
The AC will add the following language to the remand order:
The Appeals Council neither affirms nor reopens the
[State agency determination/decision], which continues to be binding. This
means that the [determination/decision] will be subject to reopening
and revision if additional development indicates that the conditions
for reopening are met (20 CFR [404.987 and/or 416.1487]). Unless the
[determination/decision] is reopened and revised in accordance with
applicable regulations, the period before the Administrative Law
Judge will be limited to that period prior to [date of established
onset].