Last Update: 6/26/2023 (Transmittal I-4-95)
HA 01450.005 Request for Voluntary Remand — Supplemental Review Procedures
Renumbered from HALLEX section I-4-5-5
The Office of the General Counsel (OGC) or United States Attorney
may have concerns about the defensibility of a pending court case and may
ask the Appeals Council (AC) to consider the case further. The United
States Attorney raises concerns through OGC. The following procedures
apply to requests from any OGC office that the agency voluntarily seek
remand of a case.
Upon receipt of a request for voluntary remand (RVR), the Court
Case Preparation and Review Branch (CCPRB) analyst will perform a
supplemental review of the claim(s) file or certified administrative
record and prepare a brief analysis and recommendation. The analyst will
forward the recommendation to an administrative appeals judge (AAJ)
for review and approval. In analyzing cases, the analyst may presume
that issues not raised by OGC are considered defensible. Notwithstanding
this presumption, the analyst should bring to the AAJ's attention any
significant defects in the agency's final administrative action.
When analyzing a RVR of a partially
favorable decision, the analyst will limit review to the unfavorable
portion of the decision. The recommendation should clearly state
that the AC's review only relates to the unfavorable portion of
the decision. While the favorable portion is not before the AC
in a voluntarily remanded case, the entire decision is subject
to reopening if the conditions set forth in 20 CFR 404.988 and/or
416.1488
are satisfied.
Generally, after the recommendation is approved by an AAJ,
a CCPRB analyst will release the AC's response to the RVR to the
requesting OGC attorney pursuant to instructions in Hearings,
Appeals and Litigation Law manual HA 01450.010.