I-3-9-6.Administrative Law Judge Requests Jurisdiction to Reopen and Revise Decision

Last Update: 7/27/15 (Transmittal I-3-121)

When an administrative law judge (ALJ) requests that the Appeals Council (AC) return jurisdiction to the ALJ in order to issue a more favorable action, the AC treats the request as a request for remand. For processing instructions, see Hearings, Appeals and Litigation Law (HALLEX) manual I-3-7-25.

NOTE:

Although the regulations limit reopening actions to “decisions,” an ALJ may also request jurisdiction after dismissing a request for hearing in order to issue a more favorable action. For more information about this situation, see HALLEX I-3-7-25.