Last Update: 6/25/2015 (Transmittal I-3-117)
HA 01350.085 Recommendation
to Deny Request for Review When Administrative Law Judge Dismisses
in Part
Renumbered from HALLEX section I-3-5-85
In certain circumstances, an administrative law judge (ALJ)
may dismiss certain issues in a case, but may issue a decision on
other issues. For example, the ALJ may find that administrative
res judicata applies to some, but not all, issues in a case. As
another common example, under certain circumstances, the ALJ may
adjudicate a title XVI application but may dismiss a title II request for
hearing because the claimant withdrew the title II request for hearing
and amended the alleged onset date after the date last insured.
Administrative appeals judges review
recommendations to deny when the case involves a dismissal issue.
In these cases, there is no difference in how an analyst will
review and, if appropriate, recommend the Appeals Council (AC) deny
the request for review. However, when the AC denies review of an
ALJ decision where the ALJ dismissed certain issues, the AC's denial
notice must clearly indicate the issues that are subject to court
review and those that are not. For this purpose, the analyst will
use the DEN 30 template in the Document Generation System when preparing
the AC denial notice.