Appeals against remand orders should be avoided; appeal only when remand contains legally improper directions and seek prior clearance. The Board advises that appeals should not be filed against Commissioner (Appeals) orders that simply remand cases for de novo adjudication; an appeal is warranted only if the remand contains legally improper directions. Jurisdictional Commissioners must avoid unwarranted or frivolous litigation and, where possible, obtain prior clearance from the Chief Commissioner before filing such appeals.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Appeals against remand orders should be avoided; appeal only when remand contains legally improper directions and seek prior clearance.
The Board advises that appeals should not be filed against Commissioner (Appeals) orders that simply remand cases for de novo adjudication; an appeal is warranted only if the remand contains legally improper directions. Jurisdictional Commissioners must avoid unwarranted or frivolous litigation and, where possible, obtain prior clearance from the Chief Commissioner before filing such appeals.
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