§ 405.1140 - Council review of ALJ decision in a case remanded by a Federal district court.

§ 405.1140 MAC Council review of ALJ decision in a case remanded by a Federal district court.

Cross Reference

Link to an amendment published at 82 FR 5124, Jan. 17, 2017.

(a) General rules.

(1) In accordance with § 405.1138, when a case is remanded by a Federal district court for further consideration and the MAC Council remands the case to an ALJ or attorney adjudicator, a decision subsequently issued by the ALJ becomes the final decision of the Secretary unless the MAC Council assumes jurisdiction.

(2) The MAC Council may assume jurisdiction based on written exceptions to the decision of the ALJ or attorney adjudicator that a party files with the MAC Council or based on its authority under paragraph (c) of this section.

(3) The MAC Council either makes a new, independent decision based on the entire record that will be the final decision of the Secretary after remand, or remands the case to an ALJ or attorney adjudicator for further proceedings.

(b) A party files exceptions disagreeing with the decision of the ALJ or attorney adjudicator.

(1) If a party disagrees with an ALJ or attorney adjudicator decision described in paragraph (a) of this section, in whole or in part, he or she may file exceptions to the decision with the MACCouncil. Exceptions may be filed by submitting a written statement to the MAC Council setting forth the reasons for disagreeing with the decision of the ALJ or attorney adjudicator. The party must file exceptions within 30 calendar days of the date the party receives the decision of the ALJ or attorney adjudicator or submit a written request for an extension within the 30 calendar day period. The MAC Council will grant a timely request for a 30 calendar day extension. A request for an extension of more than 30 calendar days must include a statement of reasons as to why the party needs the additional time and may be granted if the MAC Council finds good cause under the standard established in § 405.942(b)(2) or (b)(3).

(2) If written exceptions are timely filed, the MAC Council considers the party's reasons for disagreeing with the decision of the ALJ or attorney adjudicator. If the MAC Council concludes that there is no reason to change the decision of the ALJ or attorney adjudicator, it will issue a notice addressing the exceptions and explaining why no change in the decision of the ALJ or attorney adjudicator is warranted. In this instance, the decision of the ALJ or attorney adjudicator is the final decision of the Secretary after remand.

(3) When a party files written exceptions to the decision of the ALJ, the MAC Council may assume jurisdiction at any time. If the MAC Council assumes jurisdiction, it makes a new, independent decision based on its consideration of the entire record adopting, modifying, or reversing the decision of the ALJ or attorney adjudicator or remanding the case to an ALJ or attorney adjudicator for further proceedings, including a new decision. The new decision of the MAC Council is the final decision of the Secretary after remand.

(c) MAC Council assumes jurisdiction without exceptions being filed.

(1) Any time within 60 calendar days after the date of the decision of the ALJ or attorney adjudicator, the MAC Council may decide to assume jurisdiction of the case even though no written exceptions have been filed.

(2) Notice of this action is mailed to all parties at their last known address.

(3) The parties will be provided with the opportunity to file briefs or other written statements with the MAC Council about the facts and law relevant to the case.

(4) After the briefs or other written statements are received or the time allowed (usually 30 calendar days) for submitting them has expired, the MAC Council will either issue a final decision of the Secretary affirming, modifying, or reversing the decision of the ALJ, or remand the case to an ALJ or attorney adjudicator for further proceedings, including a new decision.

(d) Exceptions are not filed and the MAC Council does not otherwise assume jurisdiction. If no exceptions are filed and the MAC Council does not assume jurisdiction of the cases within 60 calendar days after the date of the ALJ's or attorney adjudicator's decision, the decision of the ALJ or attorney adjudicator becomes the final decision of the Secretary after remand.

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65338, Dec. 9, 2009; 82 FR 5124, Jan. 17, 2017]