My firm received an "informal remand" decision today. These are also called re-recons. This was the first one for us since March 2013. Informal remand is a way of approving disability claims for those with very strong cases who are trapped in the long way for a hearing before an Administrative Law Judge. Across the country, there are tens of thousands of similar cases that the agency should approve in this fashion.
Is there a way to request an informal remand or is it done on ODAR's own initiative? In your experience, does sending records early along with an on-the-record request work often with the right cases?
ReplyDeleteThe informal remand process is not new. Read POMS DI 12010.015 and DI 27520.001 for the applicable policies. The process does not normally apply to prototype case in which a reconsideration determination was not made.
ReplyDeleteThe informal remand process is not new. Read POMS DI 12010.015 and DI 27520.001 for the applicable policies. The process does not normally apply to prototype case in which a reconsideration determination was not made.
ReplyDelete@10:03 since when did the Administration care about what POMS said?
ReplyDeleteInformal recon cases could also be paid at ODAR if the Senior Attorney program was reactivated beyond a token effort. The backlog is still growing, there are hundreds of Senior decision writers who could be writing fully favorable decisions OTR months before a hearing could be held, but are not allowed to currently. The agency needs to get back to the programs that were effective in reducing the backlog under Astrue. If management is still concerned with quality, the check is already there at the Appeal Council quality division. The AC could audit a higher percentage of attorney decisions on own motion to ensure they are supported.
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