Last Update: 7/27/2015 (Transmittal I-3-121)
Renumbered from HALLEX section I-3-9-70
As noted in Hearings, Appeals and Litigation Law (HALLEX)
manual HA 01360.010,
if an effectuating component believes a hearing-level or Appeals Council
decision is contrary to the law, regulations,
or rulings, it will forward the decision to the Office of Appellate Operations
(OAO) for further consideration. An effectuating component may also
refer a decision if it receives additional evidence that shows further
action is required in the case.
Program Operations Manual System DI 42010.025 permits
effectuating components to reopen and revise prior unappealed initial
or reconsidered determinations when effectuating hearing-level or Appeals
Council decisions.
If OAO receives a protest for an initial or reconsidered determination,
it will return the protest to the effectuating component, citing
the above reference and indicating that the effectuating component
has jurisdiction to reopen and revise the prior determination.
When it is appropriate to act on the protest (see HALLEX HA 01360.010 D),
the Appeals Council (AC) will use its own motion authority whenever
possible. When using its own motion authority is not possible but
the AC agrees action is appropriate, the AC will consider whether
it can reopen the decision, using the procedures outlined in HALLEX
HA 01390.080.
The AC will respond to the component that submitted the protest
using the procedures in HALLEX HA 01360.010.