I-3-0-10.Appeals Council Jurisdiction- Requests for Review and Own Motion Review

Last Update: 11/21/14 (Transmittal I-3-85)

Under 20 CFR 404.967 and 416.1467, the Appeals Council has jurisdiction to review a case when a claimant, his or her appointed representative (or representative payee), or other third party on behalf of the claimant, files a request for review of an administrative law judge (ALJ) decision or dismissal. See also Hearings, Appeals and Litigation Law (HALLEX) manual I-3-1-1).

Under 20 CFR 404.969 and 416.1469, the Appeals Council may also initiate review on its own motion within 60 days after the date of an ALJ decision or order of dismissal. See generally HALLEX I-3-6.

After evaluating a case, the Appeals Council may deny, dismiss, or grant review. For more information on Appeals Council denial actions, see HALLEX I-3-5. For more information on Appeals Council dismissal actions, see HALLEX I-3-4. If the Appeals Council grants review (whether on request or on its own motion), the Appeals Council will take one of the following actions:

  • Issue a fully favorable, partially favorable, or unfavorable decision (HALLEX I-3-8);

  • Remand the case to an ALJ (HALLEX I-3-7); or

  • Dismiss the claimant's request for hearing for any reason for which the ALJ could have dismissed the request for hearing (HALLEX I-3-4-20).