Last Update: 9/8/2005 (Transmittal I-3-36)
HA 01330.007 Other Bases for Appeals
Council Review
Renumbered from HALLEX section I-3-3-7
In evaluating a case, the analyst must ensure that the ALJ's
decision properly addresses those issues identified by the Circuit
Courts as significant. If the Appeals Council finds a basis under the
regulatory criteria for granting a request for review, an Appeals
Council decision will discuss any significant circuit issues. The
rationale must demonstrate that the Appeals Council has properly
considered the issue according to circuit law. In cases the Appeals
Council proposes to remand, if the hearing decision did not adequately
respond to issues which are of particular concern in that circuit,
the remand order must so specify and include a verbatim recitation
of the relevant excerpt from the applicable circuit court decision.
Adjudicators of disability claims
of New York State residents involving medical or vocational issues
are reminded that they are required to apply the controlling Second
Circuit holdings set forth in the Manual of Second Circuit Disability
Decisions attached to the instructions for implementing the Stieberger court-approved settlement
(see I-5-4-13).