42 CFR § 405.1138 - Case remanded by a Federal district court.
---
identifier: "/us/cfr/t42/s405.1138"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 405.1138 - Case remanded by a Federal district court."
title_number: 42
title_name: "Public Health"
section_number: "405.1138"
section_name: "Case remanded by a Federal district court."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "405"
part_name: "FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k)."
cfr_part: "405"
---
# 405.1138 Case remanded by a Federal district court.
When a Federal district court remands a case to the Secretary for further consideration, unless the court order specifies otherwise, the Council, acting on behalf of the Secretary, may make a decision, or it may remand the case to an ALJ or attorney adjudicator with instructions to take action and either issue a decision, take other action, or return the case to the Council with a recommended decision. If the Council remands a case, the procedures specified in § 405.1140 will be followed.
[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5124, Jan. 17, 2017]