2725.1 How do you request an Appeals Council review?
If you are not satisfied with the action of the ALJ, whether a decision or a dismissal of your case, you may request a review by the Appeals Council.
You, or your appointed representative, must request an Appeals Council review in writing within 60 days after the date you received the notice of the ALJ's decision. (See section 2721.3 for information about when we presume you received our notice.)
2725.2 What happens when the Appeals Council receives your request?
The Appeals Council will thoroughly examine your claim and decide whether to deny, grant or dismiss your request for a review of the ALJ's action. It will notify you of its decision. See §2014.
If the Appeals Council decides to review your case:
You or your representative may request an appearance before the Appeals Council in Falls Church, Virginia.
If the Appeals Council determines that a significant question of law or policy is present or that oral arguments would be beneficial in rendering a proper decision, the appearance will be granted.
If the request for appearance is granted, you can present oral arguments as well as submit additional evidence or written statements in support of your case. We cannot pay your travel expenses to the United States for an appearance.
You may also file written statements in support of your claim.
The Appeals Council decision, or the ALJ decision if the Appeals Council denied the request for review, is binding unless you file an action in a U.S. District Court or we reopen and revise the decision under the rules in section 2728. A dismissal of the request for review by the Appeals Council is binding and not subject to further review.
Last Revised: Nov. 30, 2010