I-3-1-3.Request for Review — Substantive Review by Analyst

Last Update: 9/08/05 (Transmittal I-3-36)

A. General

The analyst will review the ALJ's action and the evidence of record, and may review non-exhibit documents in the claim file to determine whether any documents contain additional relevant evidence. The analyst must also review any contentions and additional evidence submitted in connection with the request for review.

B. Standard of Review (See I-3-3-1 to I-3-3-7)

Pursuant to 20 CFR 404.970 and 416.1470, the analyst must recommend that the Appeals Council grant review if:

  1. There appears to be an abuse of discretion by the ALJ;

  2. There is an error of law;

  3. The action, findings or conclusions of the ALJ are not supported by substantial evidence;

  4. New and material evidence, which relates to the period on or before the date of the ALJ's decision, is submitted and the ALJ's action, findings or conclusion is contrary to the weight of the evidence currently of record; or

  5. There is a broad policy or procedural issue that may affect the general public interest.