I-2-1-85. Clarification of Appeals Council Remand Orders

A. When an Administrative Law Judge (ALJ) May Seek Clarification

An ALJ may seek clarification of an Appeals Council remand order only when the ALJ (1) cannot carry out the directive(s) set forth in the order or (2) the directive(s) appears to have been rendered moot. ALJs will not seek clarification of Appeals Council remand orders under any other circumstances.

1. The following are examples of valid clarification requests:

   1. The Appeals Council directs that the ALJ obtain a hearing test and examination performed by a qualified otolaryngologist. There is no otolaryngologist in the area servicing the hearing office.

   2. The Appeals Council remands a case solely because the hearing tape cannot be located. The hearing tape is found before a new hearing is held.

2. The following are examples of clarification requests that are not valid and will not be granted.

   1. The ALJ takes issue with the Appeals Council's finding that the claimant had “good cause” for failing to appear at the scheduled hearing.

   2. The ALJ asks the Appeals Council to specify its basis for review, since the remand order did not cite a regulatory basis for granting review.

B. Procedure to Request Clarification

1. If an ALJ has a valid clarification request, the ALJ or a hearing office (HO) staff person the ALJ designates must request concurrence from the Regional Chief ALJ (RCALJ). The request must be made within 20 days after the date the HO receives the Appeals Council's remand order and the claim file(s). It may be made in writing via fax or email.

2. If the RCALJ believes the request is a valid clarification request, the RCALJ or a Regional Office (RO) staff person the RCALJ designates will request concurrence from the Chief ALJ. The RCALJ or designee must make the request to the Chief ALJ within 10 days after the date the RO receives the ALJ's request for concurrence. It may be made in writing via fax or email, and must be directed to the Director of the Division of Field Practices and Procedures (DFPP) in the Office of the Chief ALJ (OCALJ). The fax number is (703) 605-8501. The email address is: ¦¦¦S3GJ2 OCALJ DFPP.

3. The Chief ALJ will approve or disapprove the clarification request and inform the RCALJ or designee of the decision in writing via email within 10 days after the date the Director of DFPP received the RCALJ's request for concurrence. If the Chief ALJ informs the RCALJ or designee of the decision, the RCALJ or designee will be responsible for informing the ALJ. If the Chief ALJ informs the RCALJ or designee via email, a copy of the email message will be sent to the ALJ.

4. With the Chief ALJ's approval, the ALJ will send the clarification request and claim file(s) to:

   Executive Director, Appeals Council
   Office of Hearings and Appeals
   One Skyline Tower, Suite 1400
   5107 Leesburg Pike
   Falls Church, Virginia 22041-3255

   The ALJ must include the following or a similar statement at the beginning of the clarification request:

   The Chief Administrative Law Judge has approved this request for clarification of an Appeals Council remand order.

   The ALJ will also send a copy of the clarification request to the claimant, representative, Chief ALJ (Attention: Director of DFPP) and RCALJ.

5. The Appeals Council will respond to the ALJ in writing, with copies to the claimant, representative, Chief ALJ (Attention: Director of DFPP) and RCALJ, within 20 days after the date it receives the clarification request and claim file(s).