I-2-4-11.Requesting Jurisdiction From Appeals Council When Request for Hearing Was Dismissed

Last Update: 4/20/15 (Transmittal I-2-142)

When the Appeals Council has jurisdiction to review an administrative law judge (ALJ) dismissal, but the ALJ has new information and would like to vacate the dismissal order, the ALJ or designated hearing office (HO) staff may request that the Appeals Council return jurisdiction to the ALJ. Most commonly, this situation arises when the ALJ dismissed for failure to appear at the time and place of hearing, and the ALJ later receives new information that shows another action is more appropriate.

NOTE 1:

If the new information came from the claimant or an appointed representative, the ALJ or HO staff must ask whether the claimant filed a request for review with the Appeals Council. If a request for review was filed, the ALJ or HO staff will follow the procedures below and will not re-activate a record in the Case Processing and Management System.

To request jurisdiction from the Appeals Council, the ALJ or HO staff will send an email to ¦¦¦ODAR OAO with the subject line “Request to Remand Case.” In the email, the ALJ or designated HO staff will include:

  • The claimant's name;

  • The claimant's Social Security number;

  • A brief explanation that based on new information, the ALJ is requesting remand in order to hold a hearing (or, if applicable, issue a more favorable decision);

  • A reference to Hearings, Appeals and Litigation Law (HALLEX) manual I-2-4-11; and

  • A reference to the location of the new information in the claim(s) file (or, if a paper claim(s) file, a copy of the information attached to the email. If scanning a copy and attaching the information to the email is not possible, the HO staff will note this in the email and request instruction on how to send the information to the Appeals Council).

Using the instructions in HALLEX I-3-7-25, the Appeals Council will review the request and determine whether remanding the case on request is appropriate.

NOTE 2:

When the Appeals Council remands at the request of an ALJ, the Appeals Council will assign a remand code that does not count as an “error” against the ALJ in the “How MI Doing” system. For more information, see HALLEX I-3-7-25 B.