I-3-5-10.Recommendation to Deny Review of an ALJ's Decision

Last Update: 9/08/05 (Transmittal I-3-36)

Upon receiving a request for review of an ALJ's action, the analyst will carefully consider the claimant's contentions, the evidence in the case, and the ALJ's action.

Once the analyst has completed the preliminary review of the case, as described in I-3-1, and has concluded that there is no basis under the regulations for the Appeals Council to dismiss or grant review, the analyst will:

  • prepare Form HA-52, Disability Case Fact Sheet, and Form HA-52A, Disability Case Analysis and Recommendation, or the computerized disability fact sheet.

  • prepare a denial notice for the Council to notify the claimant and representative of its action.

  • if additional evidence and/or arguments are received, include appropriate language in the denial notice.

  • mark any additional evidence and briefs as Appeals Council exhibits and prepare an Order of the Appeals Council, and place it on top of the Appeals Council exhibits on the right side of the claim file. The form ensures that all required documents are included in the record if a court transcript is prepared.

  • if a subsequent application under the same title is received, the analyst must instruct the release clerk to send the subsequent application to the servicing Field Office (FO) with a copy of the final Appeals Council's action so the FO can adjudicate that claim and notify the claimant and representative.