I-3-4-1.Bases for Dismissal of Request for Review
Last Update: 9/08/05 (Transmittal I-3-36)
The Appeals Council may dismiss a request for review if:
the party's request is not filed timely (see I-3-4-2);
the party or parties to the hearing decision file a written request for dismissal (see I-3-4-3);
the party to the decision dies and the record clearly shows that dismissal will not adversely affect another person who wishes to continue the action and, for Title XVI benefits, there is no interim assistance reimbursement authorization in effect (see I-3-4-4); or
the individual who filed the request is not a proper party or does not otherwise have a right to request review (see I-3-4-5).
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 (ALJ's) decision must advise the claimant of his or her right to request court review in accordance with AR 99-4(11).