I-3-5-85.Recommendation to Deny Request for Review When Administrative Law Judge Dismisses in Part
Last Update: 6/25/15 (Transmittal I-3-117)
In certain circumstances, an administrative law judge (ALJ) may dismiss certain issues in a case, but may issue a decision on other issues. For example, the ALJ may find that administrative res judicata applies to some, but not all, issues in a case. As another common example, under certain circumstances, the ALJ may adjudicate a title XVI application but may dismiss a title II request for hearing because the claimant withdrew the title II request for hearing and amended the alleged onset date after the date last insured.
Administrative appeals judges review recommendations to deny when the case involves a dismissal issue.
In these cases, there is no difference in how an analyst will review and, if appropriate, recommend the Appeals Council (AC) deny the request for review. However, when the AC denies review of an ALJ decision where the ALJ dismissed certain issues, the AC's denial notice must clearly indicate the issues that are subject to court review and those that are not. For this purpose, the analyst will use the DEN 30 template in the Document Generation System when preparing the AC denial notice.