POMS Reference

GN 03103: Hearings (Title II and Entitlement Under Title XVIII)

TN 21 (01-12)

Definition of a hearing remand

When an ALJ remands a case to the PC, it means he or she returns it to the PC without holding a hearing because there is reason to believe the PC can make a revised determination that would be fully favorable. This could happen if, for example, there is a change in the law or if the PC receives new and material evidence. If the claimant objects to remand, the ALJ considers his or her objections. For instructions on how to effectuate ALJ decisions in court remand cases, see GN 03106.037.)