Last Update: 1/12/2016 (Transmittal I-4-49)
HA 01490.010 Motions for Clarification
of Appeals Council Remand Orders After Court Remand
Renumbered from HALLEX section I-4-9-10
An administrative law judge (ALJ) may seek clarification of
an Appeals Council (AC) remand order only when the ALJ cannot carry
out the directive(s) set forth in the order, or the directive(s) appears
to have been rendered moot. ALJs may not seek clarification of AC
remand orders under any other circumstances. For more information
about when an ALJ may use the clarification process, see Hearings,
Appeals, and Litigation Law (HALLEX) manual HA 01210.085.
There are two types of clarification requests: expedited clarification
requests and formal clarification requests. Expedited clarification
requests are used when the sole reason for remand is a missing claims
folder, missing recording, or both, and the folder, recording, or
both are subsequently found. Formal clarification requests apply
in all other circumstances.
The term “missing recording” also
encompasses inaudible recordings. If a case is remanded solely because
the hearing recording is inaudible, but the recording is later found
to be completely audible, the expedited clarification process may
be used.
The AC will process expedited clarifications using the instructions
in HALLEX HA 01390.095 and HA 01460.050.
The AC will process all other clarification requests using the instructions
in HALLEX HA 01390.095.