An Appeals Council (AC) remand order serves two purposes:

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  It instructs the administrative law judge (ALJ) what action(s) to take and why the action(s) is necessary; and

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  It communicates information to the claimant.

When drafting remand orders, Office of Appellate Operations (OAO) staff will use the appropriate templates but can modify the language as needed to reflect the facts of each individual case. However, in addition to providing precise, comprehensive, and accurate instructions to the ALJ, OAO staff must draft remand orders using language that a member of the general public will understand. Complying with plain language writing requirements is particularly important if the claimant does not have an appointed representative.

After a remand order is prepared, OAO staff will send the case to an administrative appeals judge (AAJ) for review. If the AAJ agrees that a remand is appropriate, the case will be reviewed by a second AAJ. If both AAJs agree to a remand, OAO staff will ensure:

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  The signed remand order is sent to the claimant and appointed representative, if any;

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  The remand order is associated with the claim(s) file; and

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  The case is routed to the hearing office (HO) servicing the claimant's address.

When preparing a remand order, OAO staff will, as applicable:

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  Clearly and concisely set forth the reasons for the remand and the instructions for further action.

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  Specify what evidence is needed and why.

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  Cite to any pertinent conflicts in the record.

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  Note any issues relating to an Acquiescence Ruling (AR) that the ALJ did not address.

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  Identify any new and material evidence submitted by the claimant to the AC.

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  Direct the ALJ to hold a new hearing or direct the ALJ to offer the claimant an opportunity to appear at a new hearing (whether or not the claimant previously waived an oral hearing).

Further, OAO staff must keep the following in mind when drafting a remand order:

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  While the AC is required to use legally correct terminology, OAO staff will use plain language whenever possible and avoid the use of internal agency jargon.

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  OAO staff must focus attention on the issues that the ALJ will need to address on remand and not on the ALJ who issued the action. As explained in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01210.055 D, hearing office management will usually assign a remand order to the same ALJ for processing, unless a special situation requires a change in the order in which cases are assigned. Therefore, it is critical that the AC not discuss issues in a way that could undermine an ALJ's authority in future dealings with the claimant or representative.

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  OAO staff will list problems in order of importance and only use more than three or four problem bullets if each additional bullet would independently warrant a remand. OAO staff will include a cure bullet for every listed problem and will list the cure bullets in order of the sequential evaluation.

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  OAO staff will cite to authority whenever possible but will not cite court cases except when citing an AR. OAO staff will cite to HALLEX and the Program Operations Manual System (POMS), in that order, only when there is no other authority.

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  Where possible, the AC will include citations to the exhibits and page numbers correlating to the evidence on which it is relying.

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  When appropriate, OAO staff will include an instruction to remand the case to another ALJ. When remanding a case for the second time, if the same ALJ issued both prior actions (decision(s) and/or dismissal(s)) in the case, the AC will direct that the case be assigned to a different ALJ. In those cases, the following language will be incorporated into the remand order:

  As this case was previously remanded to the same Administrative Law Judge, the Appeals Council directs that, upon remand, this case be assigned to another Administrative Law Judge.

  If the AC does not specifically include this directive, hearing office management will assign the case to a different ALJ. See HALLEX HA 01210.055 D.2). For other situations when it may be appropriate to include an instruction to remand the case to another ALJ, see HALLEX HA 01320.025 and HA 01330.002.

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  As there is no final action by the Commissioner, the AC will not mark any evidence as an exhibit when issuing a remand order.