20 C.F.R. § 404.983

Case remanded by a Federal court

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(a) General rule. When a Federal court remands a case to the Commissioner for further consideration, the Appeals Council, acting on behalf of the Commissioner, may make a decision following the provisions in paragraph (b) or (c) of this section, dismiss the proceedings, except as provided in paragraph (d) of this section, or remand the case to an administrative law judge following the provisions in paragraph (e) of this section with instructions to take action and issue a decision or return the case to the Appeals Council with a recommended decision. Any issues relating to the claim(s) may be considered by the Appeals Council or administrative law judge whether or not they were raised in the administrative proceedings leading to the final decision in the case.

(b) Appeals Council decision without a hearing. If the Appeals Council assumes responsibility under paragraph (a) of this section for issuing a decision without a hearing, it will follow the procedures explained in §§ 404.973 and 404.979.

(c) Administrative appeals judge decision after holding a hearing. If the Appeals Council assumes responsibility for issuing a decision and a hearing is necessary to complete adjudication of the claim(s), an administrative appeals judge will hold a hearing using the procedures set forth in §§ 404.929 through 404.961, as applicable.

(d) Appeals Council dismissal. After a Federal court remands a case to the Commissioner for further consideration, the Appeals Council may dismiss the proceedings before it for any reason that an administrative law judge may dismiss a request for a hearing under § 404.957. The Appeals Council will not dismiss the proceedings in a claim where we are otherwise required by law or a judicial order to file the Commissioner's additional and modified findings of fact and decision with a court.

(e) Appeals Council remand. If the Appeals Council remands a case under paragraph (a) of this section, it will follow the procedures explained in § 404.977.

[85 FR 73157, Nov. 16, 2020]

Notes of Decisions

Cited in 99 cases (40 in the last 5 years), 1985–2025 · leading case: Ingram v. Commissioner of Social Security Administration

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Ingram v. Commissioner of Social Security Administration (2007) ca11 · cites it 2× “” 20 C.F.R. § 404.983 . If the case is remanded by the Appeals Council to the administrative law judge, the process starts over again.”

Evelyn Plummer v. Kenneth S. Apfel, Commissioner of Social Security (1999) ca3 · cites it 2× “9 Under these circumstances, additional development of *435 the psychiatric issue is warranted, and the claimant’s disability claim will be remanded for further proceedings in accordance with the procedures outlined in 20 C.F.R. § 404.983 . The ALJ’s Psychiatric Review Technique…”

Roxie Hollon, on Behalf of Joseph W. Hollon v. Commissioner of Social Security (2006) ca6 · cites it 2× “As Hollon observes, nothing in the district court’s order of remand precluded the Commissioner from receiving her additional evidence — and, indeed, the pertinent agency regulations seemingly confirm the Commissioner’s authority to proceed in this fashion upon remand from the…”

Lax v. Astrue (2007) ca10 “See 20 C.F.R. § 404.983 (when federal court remands for further consideration, Appeals Council, acting on behalf of Commissioner, may make a decision or remand to ALJ).”

Rose v. Commissioner of Social Security (2016) nyed · cites it 2× “” 20 C.F.R. § 404.983 . The Appeals Council may remand a case to the ALJ “in which additional evidence is needed or additional action by the administrative law judge is required.”

Casey v. Berryhill (2017) ca7 · cites it 2× “On remand, the Appeals Council shall render a final decision on the merits of Casey’s waiver claim or shall remand for further consideration by an ALJ pursuant to 20 C.F.R. § 404.983 , without revisiting the timeliness of Casey’s request for review.”

Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of (1986) ca6 “The Appeals Council also has jurisdiction over a social security claim where a case has been remanded by a federal district court, 20 C.F.R. § 404.983 , and where the Appeals Council itself assumes the responsibility for conducting a hearing.”

Allen Surprise v. Andrew Saul (2020) ca7 “20 C.F.R. §§ 404.983 , 416.1483. 1. Hearing before ALJ O’Grady ALJ Margaret J.”

Thompson v. Astrue (2008) nysd · cites it 3× “” 20 C.F.R. § 404.983 (2008) (emphasis added).”

Wrenn Ex Rel. Wrenn v. Astrue (2008) ca10 “See 20 C.F.R. § 404.983 . During this process, the claimant may be represented by counsel who often charge a fee for representation.”

Morris TRAVIS, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellant (1993) ca7 · cites it 2× “1986); see also 20 C.F.R. 404.983 ("When a Federal court remands a case to the Secretary for further consideration, the Appeals Council, acting on behalf of the Secretary, may make a decision, or it may remand the case to an administrative law judge .”

John Chrupcala v. Margaret M. Heckler, Secretary of Health and Human Services (1987) ca3 “20 C.F.R. § 404.983 provides: When a Federal court remands a case to the Appeals Council for further consideration, the Appeals Council may make a decision, or it may remand the case to an administrative law judge with instructions to take action and return the case to the…”

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— 20 C.F.R. § 404.983(d) — 1 case

Conant v. Social Security Administration (2024) oknd

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