Last Update: 1/13/2017 (Transmittal I-4-61)

HA 01405.030 Special Procedures for Critical Cases

Renumbered from HALLEX section I-4-0-30

A. Critical Case Designation

Office of Appellate Operations (OAO) staff is responsible for designating critical cases for expedited processing under Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01310.005. OAO's Executive Director's Office and OAO Branch Chiefs (BC) monitor the OAO pending critical case workload. Court Case Preparation and Review Branch (CCPRB) BCs are responsible for ensuring that critical cases assigned to their branches are promptly processed. CCPRB staff is responsible for bringing to the BC's attention any case that may meet the criteria in HALLEX HA 01310.005 A.

See instructions in HALLEX HA 01310.005 B for adding, removing, and monitoring critical case designations.

B. CCPRB Case Processing

1. Assigning the Case

See HALLEX HA 01310.005 C.1.

2. Appeals Council Final Action

a. Fully or Partially Favorable Appeals Council Decision

A certified administrative record (CAR) may be needed when the Appeals Council (AC) issues a partially favorable decision. See generally HALLEX HA 01420.001. When required, the CAR must be prepared before the case is forwarded for effectuation.

The AC will not prepare a certified supplemental court transcript or CAR when the AC issues a fully favorable decision following a sentence six remand. However, the AC will submit a copy of the decision to the Office of the General Counsel for filing with the district court to close out the civil action.

If the AC issues a fully or partially favorable decision and the case is not a certified electronic folder, the BC will alert the effectuating component using the most expeditious method practical.

b. Denial, Dismissal, or Unfavorable Decision

CCPRB staff will follow normal procedures when releasing the action document and preparing the CAR, if necessary.

c. Remand

When the AC remands a critical case to an administrative law judge, the AC will expedite standard procedures for releasing the remand order. When a paper file is involved, the AC will forward the file(s) to the hearing office by the most expeditious means practical. For paper TERI, VPAT, MC/WW, CAL, HMLS, or DRND cases, the AC will clearly annotate all transmittals and envelopes “TERI,” “VPAT,” “MC/WW,” “CAL,” “HMLS,” or “DRND” case.


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HA 01405.030 - Special Procedures for Critical Cases (I-4-0-30) - 01/13/2017
Batch run: 04/20/2025
Rev:01/13/2017