Last Update: 2/7/2014 (Transmittal I-3-63)
HA 01340.001 Bases for Dismissal
of Request for Review
Renumbered from HALLEX section I-3-4-1
Citations: 20
CFR 404.932, 404.968, 404.969, 404.971, 404.973, 416.1432, 416.1468, 416.1469, 416.1471,
and 416.1473
The Appeals Council may dismiss a request for review if:
•
the request is not
timely filed and the time for filing has not been extended (see
Hearings, Appeals and Litigation Law (HALLEX) manual HA 01340.002);
•
the party or parties to the hearing decision file
a written request for dismissal (see HALLEX HA 01340.003); or
•
a party to the decision dies and the record clearly
shows that dismissal will not adversely affect any other person
who wishes to continue the action and, for title XVI benefits, there
is no interim assistance reimbursement authorization in effect (see
HALLEX HA 01340.004).
When the Appeals Council dismisses a request for review, the
party does not have the right to appeal the action to Federal court.
In the 11th
Circuit, the notice
of an Appeals Council dismissal of a request for review of an administrative
law judge's decision must advise the claimant of his or her right
to request Federal court review in accordance with Acquiescence
Ruling 99-4(11):
Bloodsworth v. Heckler, 703 F.2d 1233 (11th
Cir. 1983) – Judicial
Review of an Appeals Council Dismissal of a Request for Review of an
Administrative Law Judge Decision – Titles II and XVI of the Social
Security Act.