Last Update: 3/16/2017 (Transmittal I-3-150)

HA 01340.050 Vacating a Dismissal of a Request for Review

Renumbered from HALLEX section I-3-4-50

As stated in 20 CFR 404.972 and 416.1472, the dismissal of a request for Appeals Council (AC) review is binding and not subject to further review except in the 11th Circuit, as explained in 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. See also Hearings, Appeals and Litigation Law manual HA 01340.001. However, the AC may choose to vacate its dismissal action on its own initiative.

Generally, the AC will only vacate its dismissal of a request for review if it receives new evidence or documentation that clearly establishes the AC should not have dismissed the request for review. On receipt of such evidence, the AC will issue an order vacating its action. In circumstances where it is administratively efficient and does not result in a delay in notifying the claimant of the vacate action, the AC may vacate the dismissal action at the same time it grants or denies the request for review.