Last Update: 4/26/2016 (Transmittal I-3-139)

HA 01370.020 Remand after Appeals Council Vacates Dismissal of Request for Hearing

Renumbered from HALLEX section I-3-7-20

Under the authority in 20 CFR 404.957 and 416.1457, an administrative law judge (ALJ) may dismiss a request for hearing in certain circumstances. If the claimant disagrees with the ALJ's dismissal, he or she may appeal the dismissal to the Appeals Council (AC). Additionally, the AC may review an ALJ's dismissal action using its own motion authority. See generally Hearings, Appeals and Litigation Law (HALLEX) manual HA 01305.010.

An analyst will review the dismissal and make a recommendation to the AC regarding the appropriate action. For more information on what an analyst will consider when making a recommendation, see HALLEX HA 01330.015.

As described in 20 CFR 404.960 and 416.1460, if the AC finds the dismissal of the request for hearing was erroneous, the AC will grant review or initiate review on its own motion to vacate the ALJ's dismissal. For general information about the AC's authority to grant review or initiate review on its own motion, see HALLEX HA 01305.010. Unless it can take a more favorable action, the AC will generally remand the case to an ALJ to continue processing the request for hearing.