Last Update: 11/21/2014 (Transmittal I-3-85)
HA 01305.010 Appeals Council
Jurisdiction — Requests for Review and Own Motion Review
Renumbered from HALLEX section I-3-0-10
Under 20
CFR 404.967 and 416.1467, the Appeals Council (AC)
has jurisdiction to review a case when a claimant, the appointed
representative (or representative payee), or other third party on
behalf of the claimant, files a request for review of an administrative
law judge (ALJ) decision or dismissal. See also Hearings, Appeals,
and Litigation Law (HALLEX) manual HA 01310.001).
Under 20
CFR 404.969 and 416.1469, the AC
may also initiate review on its own motion within 60 days after
the date of an ALJ decision or order of dismissal. See generally HALLEX HA 01360.000.
After evaluating a case, the AC may deny or dismiss the request for review,
or may grant review, regardless of whether the ALJ's decision was favorable,
unfavorable, or partially favorable. For more information on AC denials
of requests for review, see HALLEX HA 01350.000.
For more information on AC dismissal actions, see HALLEX HA 01340.000. For more information
on AC split actions, see HALLEX HA 01320.060. If the AC grants review (whether
on request or on its own motion), the AC will take one of the following
actions:
•
Issue a fully favorable,
partially favorable, or unfavorable decision (HALLEX HA 01380.000);
•
Dismiss the claimant's request for hearing for any
reason for which the ALJ could have dismissed the request for hearing
(HALLEX HA 01340.020).