I-3-9-5.Appeals Council Jurisdiction to Reopen and Revise a Determination or Decision
Last Update: 7/27/15 (Transmittal I-3-121)
The Appeals Council (AC) has primary jurisdiction to consider reopening and revising any initial determination, or reconsidered determination, if the case is properly before the AC on the basis of a request for review, a subsequent application, own motion review, or other appropriate jurisdiction. For a common example, see Hearings, Appeals and Litigation Law (HALLEX) manual I-1-10-30 C.
B. Administrative Law Judge (ALJ) Decisions
Unless the decision is pending in or was decided by a Federal court, the AC has primary jurisdiction to consider reopening and revising any ALJ decision if the AC has jurisdiction over a subsequent application (whether on request for review, on own motion, or other appropriate jurisdiction).
The AC also has authority to reopen and revise any final determination or decision in which an ALJ has primary jurisdiction, but will generally do so only if the particular circumstances allow the AC to act more expeditiously than an ALJ. See HALLEX I-2-9-5 for an ALJ's authority to reopen and revise an otherwise final determination or decision.
The regulations at 20 CFR 404.988 and 416.1488 address reopening final determinations or decisions. For information about vacating an ALJ dismissal, see 20 CFR 404.960 and 416.1460. See also HALLEX I-3-5-72 if the ALJ dismissed the request for hearing and additional evidence, legal argument, or contentions were submitted to the AC.
C. AC Decisions
The AC has primary jurisdiction to consider reopening and revising its own decisions (unless the decision is pending in Federal court).