Any party to an ALJ's decision or order of dismissal has a right to AC review. An individual is considered a party if that individual's rights with respect to monthly benefits, a lump sum payment, a period of disability, or entitlement to health insurance benefits may be adversely affected by the decision or order of dismissal.

The claimant, the claimant's appointed representative (or representative payee), or other third party on behalf of the claimant, can file a request for AC review. The technician must provide a copy of the request for AC review to the claimant as notification that we received the appeal.

If a claimant is dissatisfied with an ALJ's hearing decision or order of dismissal, the claimant may request the AC to review the hearing decision or order of dismissal. A claimant may specifically ask for a review or may imply a request for review. You may find an implied request for review when a claimant expresses disagreement or dissatisfaction with the ALJ's action or expresses an intent to pursue appeal rights. However, a claimant must make the request for AC review to us in writing (e.g., walk-in, mail, fax, or email) by submitting:

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  a completed Form HA-520-U5 (Request for Review of Hearing Decision/Order), or

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  a letter, fax message, email message, or other written document, that requests review of the hearing decision or order of dismissal.

We do not require a signature on the Form HA-520-U5 or any other written request for AC review. For procedures for obtaining a written request for AC review, see GN 03104.100C.2. through GN 03104.100C.4.

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

Only the AC has the authority to extend the time for filing a request for AC review. A claimant may file a request for an extension at the locations listed in GN 03104.100C.5. of this section.

You must complete the following actions if a claimant files a request for AC review after the 60-day period.

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  Per the instructions in GN 03101.020D.2, obtain a written statement that explains the reason for the delay.

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  Attach the statement, and any field office (FO) documentation concerning the delay, to the AC copy of the Form HA-520-U5.

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

A claimant may submit a request for AC review at 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 or after December 31, 1995 has at least 5 years of service in the railroad industry).

If a claimant decides to file a request for AC review, you must complete the following actions:

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  Assist the claimant with completing Form HA-520-U5. Complete the form per the instructions in GN 03104.200.

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  Advise the claimant that the AC may deny or dismiss the request for review, or grant the request and issue a decision or remand the case to the ALJ.

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  Advise the claimant that any evidence, or other documents must be submitted along with the request for AC review.

Complete, process, and distribute the Form HA-520-U5 per the instructions in GN 03104.200D.

Send a Form HA-520-U5 to the claimant to complete and return. Stress the importance of returning the form timely to establish a written request for appeal. Process the returned form per the instructions in GN 03104.200.

Within 1 business day of receiving the HA-520-U5 and additional evidence, take the following actions.

1. a. 

   Send the HA-520-U5 and additional evidence if any by email to DCARO.OAO@ssa.gov or fax to 1-833-509-0814; and

   b. Mail the HA-520 and additional evidence if any to Office of Analytics Review and Oversight (OARO) at the below address.

Social Security Administration

Office of Appellate Operation

6401 Security Blvd

Baltimore, MD 21235

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  Disability request for AC review – Process the request for AC review per the instructions in DI 12020.001B.3.

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  Non-disability request for AC review – Distribute the request for AC review per the instructions in GN 03104.200.

The AC may dismiss a request for review at the claimant’s request. If the claimant expresses the wish to withdraw the request for AC review, take the following actions and advise the claimant that the AC will provide notification of the AC’s action on the withdrawal request.

1. a. 

   Obtain a statement from the claimant that includes the following information:

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     claimant’s name, address, social security number, and

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

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     the claimant indicates fully understanding that the ALJ hearing decision will be final and binding.

2. b. 

   Prepare 4 copies (5 if there is a representative) of the withdrawal request and distribute it in the same manner as Form HA-520-U5. For distribution instructions, see GN 03104.200.

To respond to status inquiries, FO staff and National 800 Number Network (N8NN) staff, take one of the actions listed below. NETSTAT lists the processing timeframes.

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  If processing timeframes have not expired, query Appeals Review Processing System to obtain the status of a pending case.

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  If processing timeframes have expired, request a status update from OARO. Offices should direct status inquires to OARO, Congressional and Public Affairs Branch, at (703) 605-8000, 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 website. Annotate the file to indicate that the claimant may be a danger to self or others. For disability claims, also see Handling Potential Suicidal-Homicidal Behavior in DI 11005.080. N8NN agents should follow the procedures for Crisis Instructions for 800 Number Agents in TC 13001.010.

If the claimant complains of alleged ALJ bias or misconduct, follow the procedure, Complaints of Alleged Bias or Misconduct by ALJs described in GN 03103.300.