If you filed a Request for Review of your hearing decision with the Social Security Administration (SSA) Appeals Council you may receive in the mail a Notice of Remand. This means that the Appeals Council has transferred your claim back to the SSA Office of Disability Adjudication and Review (ODAR) for another hearing. The Appeals Council takes on average 12-18 months to review claims.
The Appeals Council typically chooses to remand a claim if the Council finds that the hearing decision contains a significant error of law or is not supported by the substantial weight of the evidence. Claims may also be remanded if newly submitted evidence indicates that further actions Administrative Law Judge (ALJ) is required.
The remanded hearing is scheduled by the ODAR office that has jurisdiction over your claim and typically takes place within four to six months of the Notice of Remand being issued. It is the ODAR office and ALJ’s responsibility to take any necessary action outlined by the Appeals Council. For example, the Appeals Council may request that the claimant have a Consultative Examination set up and paid for by SSA. When a claim has been remanded, the hearing is frequently scheduled with the original ALJ.
Receiving a Notice of Remand is very encouraging and many remanded cases are awarded at the second hearing. But having your claim remanded does not automatically mean you will receive a favorable decision this time around.
After the hearing, the ALJ will issue a new decision. Hearing decisions are normally issued within one to three months after the hearing. If you receive a favorable decision you will then be eligible to receive benefits. If you are denied you would have the option to file another appeal with the Appeals Council or file a new claim.
For more information on the remand process, please view the SSA’s rules on Appeals Council Remands in 20 C.F.R. § 404.977.
