The claimant, beneficiary, recipient, their appointed representative, or their representative payee can file a request for review. The AC will also accept requests for review filed by third parties and, as appropriate, develop to determine the claimant’s intent.

If a claimant is dissatisfied with a hearings level decision or order of dismissal, they may request AC review of the hearing decision or order of dismissal. A claimant may specifically request review or may imply a request for review. Technicians may find an implied request for review when a claimant expresses disagreement or dissatisfaction with the hearings level action or expresses an intent to pursue appeal rights. However, they must make the formal request for AC review to the agency in writing by submitting:

• •

  An online appeal (iAppeal) using the Social Security Administration (SSA) secure online process AC iAppeal Online (this is the preferred method for appealing the hearings level decision or order of dismissal), or

• •

  A completed form HA-520 (Request for Review of Hearing Decision/Order), or

• •

  A letter, fax, or other written statement.

A claimant must submit a request for AC review within 60 days after receipt of the hearings level decision or order of dismissal. We presume that the claimant receives the decision or order of dismissal 5 days after the date on the notice, unless there is reasonable showing the contrary.

The preferred method for appealing the hearings level decision or order of dismissal is to use the secure online iAppeals process.

A claimant may also fax the form HA-520 or equivalent writing directly to the AC at 1‑833‑509‑0814, or mail it to:

Finally, a claimant may also submit a form HA-520 or equivalent writing to any SSA office, the Veterans Administration Regional Office in the Philippines, any Foreign Service Post, or any Railroad Retirement Board (RRB) office if the claimant has at least 10 years of service in the railroad industry, or if after December 31, 1995, the claimant has at least 5 years of service in the railroad industry.

If a claimant inquires about filing a request for AC review, the field office (FO) must complete the following actions:

1. a. 

   Advise the claimant of the agency preferred method of iAppeals and offer information on using iAppeals.

2. b. 

   If contact is over the phone and the claimant cannot or will not go online, send a copy of form HA-520 to the claimant to complete. The claimant may return the completed form HA-520 directly to the AC as described in GN 03104.100B.4 above.

   NOTE: Use eMailer or Upload Documents to send the form. If you are mailing the form, consider using PIRS - Forms and Publications as appropriate.

3. c. 

   Stress the importance of submitting a request (including returning any completed forms) promptly (within 65 days after the date the claimant receives notice of the hearing decision or order of dismissal) to establish a timely request for appeal.

4. d. 

   If the claimant is in the office, assist the claimant with completion of the form HA‑520, as needed, following the instructions in GN 03104.200B.

5. e. 

   If the request is after the 65-day period:

   • •

     Advise the claimant that only the AC has the authority to decide whether good cause exists to extend the time for filing a request for review.

   • •

     If the claimant is in the office, obtain a written statement that explains the claimant’s reason for late filing of the appeal, see GN 03101.020D.2.

   • •

     Attach the good cause statement (if any) and any FO documentation concerning the delay, and send it to the AC, along with any additional evidence or written statements, per the instructions in GN 03104.100C.2 below.

     NOTE: The claimant can also attach the good cause statement to an iAppeal request for review.

6. f. 

   Advise the claimant that the AC may deny or dismiss the request for review, or the AC may grant the request and either issue a decision, a dismissal order, or remand the case to the administrative law judge (ALJ).

7. g. 

   Advise the claimant that if they have additional evidence, they must inform the AC about that evidence or submit the evidence or other documents along with the request for AC review. If the claimant needs additional time to submit evidence or legal argument, they should request an extension of time on the iAppeal or HA‑520.

The FO is responsible for the proper completion and timely routing of the request for AC review. If a claimant submits a request for AC review to the FO, the FO will, within five business days of receipt, email the request and any good cause statement or addition evidence to the AC at ^DA ApplsReqReview General, with the subject line “Non-DIB ENM.” The FO will also upload the request and related materials into Evidence Portal (EP).

Do not delay forwarding the request for review to wait for good cause statement (in untimely filing cases) or potential submission of additional evidence.

For disability issues, follow the FO procedure in DI 12020.001B for routing a request for AC review.

When AC staff receive a request for AC review, AC staff will:

• •

  Establish a case in the Electronic Non-Medical (ENM) application and the appropriate case processing system(s);

• •

  Take appropriate action by performing a case review, issuing an action, and updating the case processing system(s);

• •

  Send the AC’s final action to the jurisdictional processing center (PC) for Title II and concurrent claims, and to the FO for Title XVI claims; and

• •

  Close the case in the appropriate case processing system(s) to indicate completion of AC case processing.

The AC may dismiss a request for review at the request of the claimant and any other party to the proceedings before the AC, see HALLEX HA 01340.003C when there are multiple parties involved. If the claimant expresses intent to withdraw the request at the FO, the FO takes the following actions to document and notify AC of the withdrawal request:

1. a. 

   Obtain a written statement that includes the following information:

   • •

     Claimant’s name, address, social security number (SSN),

   • •

     A statement of why the claimant wishes to withdraw the request for AC review, and

   • •

     A statement that the claimant fully understands that the hearing decision or dismissal will be final and binding and that if the AC dismissed the request for review, the claimant may lose benefits or not qualify for benefits at all.

     NOTE: The withdrawal request may be made on form HA-86 (Request to Withdraw an Appeals Council Request for Review.)

2. b. 

   Give a copy of the withdrawal request to the claimant and appointed representative (if any).

3. c. 

   Upload the withdrawal request to EP or to ENM (if ENM folder has already been created) via Upload Document, as applicable.

4. d. 

   Forward the withdrawal request to the AC via email to ^DA ApplsReqReview General, subject line “Withdrawal Request.”

To respond to status inquiries from the claimant or appointed representative, FO and National 800 Number Network (N8NN) technicians take the following actions:

• •

  Check the status for Appeals-level request for review cases using the APPL query in ENM;

• •

  If additional information is needed regarding the pending status of request for review cases, direct status inquires to Disability Adjudication (DA), Claimant and Public Assistance Branch, at (877) 670-2722, or by fax at (833) 763-0405.

When a claimant threatens suicide or homicide, follow the high-risk alert procedures at the Visitor Intake Process system. For more information on Visitor Intake Process, see SM 31000.000. Annotate the file to indicate that the claimant may be a danger to self or others, see FOs handling potential suicidal or homicidal threats in DI 11005.080. N8NN technicians must follow the crisis instructions in TC 13001.010.

Social Security Ruling (SSR) 13-1p explains SSA's three separate processes for addressing complaints of alleged bias or misconduct by an ALJ. If the claimant alleges ALJ bias or misconduct and included the allegation in the request for review or another written statement, forward the allegation to the AC using the instruction in GN 03104.100C.2 above. If the claimant is in the office, assist the claimant with including the allegation in the request for review as needed. If the claimant alleged ALJ bias or misconduct over the phone, follow the procedure for complaints of alleged bias or misconduct by ALJs, described in TC 03001.030. For more information on ALJ bias or misconduct complaints filed with Employee and Management Accountability, see GN 03103.300.