I-4-3-42.Special Procedures for Delayed Cases

Last Update: 9/13/05 (Transmittal I-4-15)

A court remand which OAO will not release to the field within 125 days from the date of the court order, regardless of the date of receipt in central office, is a delayed case and must receive priority handling.

When the analyst completes the case action on a delayed remand order and the case is ready for release, the analyst must telephone the HO and inform the supervisory staff attorney, or the HOD if there is no supervisory staff attorney in that office, that OAO is forwarding a delayed remand order to the HO. The analyst must complete Parts I and II of the Time-Limited Remand/Delayed Case form (see I-4-3-107) and place it outside the file. The analyst must give the case to a support staff for immediate release.

When releasing a delayed remand to the field, the support staff must enter the release date in Part III of the Time-Limited Remand/Delayed Case form and place the form in the appeals file. The clerk must also place a Delayed Case flag (see I-4-3-109) on top of the CF which is being sent to the hearing office.