Last Update: 8/22/2016 (Transmittal I-4-56)
HA 01460.035 Submitting Appeals Council Remand Orders for Appeals Council
Review
Renumbered from HALLEX section I-4-6-35
After the Appeals Council remand order has been proofread for
grammatical and typographical errors, the analyst will route the case
to the appropriate administrative appeals judge (AAJ).
If the AAJ agrees with the recommendation and proposed order,
the AAJ will sign the order and return the case to the Court Case
Preparation and Review Branch support staff for release. If the AAJ
disagrees, the AAJ will provide the analyst with instructions as to
the desired course of action. If the analyst believes that the AAJ's
proposed course of action is contrary to the law and regulations, could
set a dangerous precedent, or is otherwise problematic, the analyst will
discuss the matter with the Branch Chief. If the Branch Chief agrees
with the analyst, the Branch Chief will consult with the AAJ in order
to resolve the issue. A joint consultation with the Division Chief AAJ
may be necessary in unusual circumstances.