Last Update: 9/1/2005 (Transmittal II-5-08)
HA 02510.005 Appeals Council
Action Dismissing a Request for Hearing
Renumbered from HALLEX section II-5-1-5
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Appeals
Council Interpretation
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SUBJECT |
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Appeals Council Action Dismissing
a Request for Hearing |
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ISSUE |
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Will the Appeals Council dismiss
a request for hearing for any reason an Administrative Law Judge
(ALJ) could have dismissed such request? |
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DISCUSSION |
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The regulations at 20 CFR §§ 404.957 and 416.1457 provide that
an ALJ may dismiss a request for hearing when any of several conditions
are met. The Appeals Council has decided that it will continue to
exercise its authority upon review to dismiss a request for hearing
for any reason that an ALJ could have dismissed such request. |
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INTERPRETATION |
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The Appeals Council will ordinarily
assume jurisdiction, vacate the hearing decision and dismiss the
request for hearing when the ALJ issued a decision on the merits
but the record shows that the ALJ should have dismissed the request
for hearing. The Appeals Council also will ordinarily assume jurisdiction
when the ALJ dismissed a request for hearing on an incorrect basis,
but the Appeals Council concludes that dismissal on another basis
is proper. In such instances, the Appeals Council will notify the claimant
of its proposed action and take appropriate further action, including
dismissing the request for hearing on the correct grounds or vacating
the dismissal and remanding for further consideration. |
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APPLICATION |
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The Appeals Council will apply
this interpretation in all cases that come before it involving the
same issue. |
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EFFECTIVE DATE |
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October 17, 1990 |
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CROSS-REFERENCE |
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20 CFR §§ 404.957 and
416.1457;
HALLEX HA 01240.000,
HA 01330.001,
HA 01330.009, and
HA 01340.020. |