---
kind: "section"
citation: "42 C.F.R. § 423.2138"
title: "42"
number: "423.2138"
heading: "Case remanded by a Federal District Court."
url: "https://uscodex.org/cfr/42/423.2138"
---

# §423.2138. 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 [§ 423.2140](/cfr/42/423.2140.md) will be followed.


## Notes

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]

### Source

Source: 74 FR 65363, Dec. 9, 2009, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.

### Source

Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]