Last Update: 8/24/2016 (Transmittal I-4-58)
Renumbered from HALLEX section I-4-7-15
The Appeals Council (AC) will proffer new evidence after a court remand when:
The AC intends to issue a decision on receipt of the court remand (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01470.001);
The evidence is received from a source other than the claimant or the appointed representative (if any);
The AC intends to add the evidence to the record; and
The AC's decision will not be fully favorable.
NOTE:
For the definition and purpose of proffer, see HALLEX HA 01320.016.
Except in regards of when to proffer evidence, the AC will adhere to the same procedures set forth in HALLEX HA 01320.016 when proffering evidence after a court remand.