I-3-1-56.Civil Action Filed Prematurely

Last Update: 7/23/14 (Transmittal I-3-73)

A. Civil Action Filed After Administrative Law Judge Decision Instead of Request for Review

When a claimant fails to exhaust administrative remedies before filing a civil action, there is generally no right to judicial review. In this instance, the Court Case Preparation and Review Branch (CCPRB) staff will handle the case and may prepare a declaration in support of a motion to dismiss the civil action. See Hearings, Appeals and Litigation Law (HALLEX) manual I-4-1-32.

However, if the claimant filed the civil action within 65 days of the administrative law judge's decision, following the court's dismissal order, CCPRB will forward the claim(s) to the appropriate program branch to process as a timely filed request for Appeals Council review.

If the Appeals Council denies the request for review, the denial notice will include the usual language regarding the claimant's right to appeal to Federal court.

B. Civil Action Filed While Request for Review Pending

If a claimant files a civil action while a request for review is pending with the Appeals Council, the program branch will notify CCPRB (or vice versa) and the branch will hold the request for review. CCPRB will take necessary actions to dismiss the civil action. Once the civil action has been dismissed, CCPRB will notify the branch and the branch will continue processing the request for review.