Last Update: 7/27/15 (Transmittal I-3-121)
As noted in Hearings, Appeals and Litigation Law (HALLEX) manual I-3-6-10, if an effectuating component believes a hearing-level or Appeals Council decision is contrary to the law, regulations, or rulings, it will forward the decision to the Office of Appellate Operations (OAO) for further consideration. An effectuating component may also refer a decision if it receives additional evidence that shows further action is required in the case.
Program Operations Manual System DI 42010.025 permits effectuating components to reopen and revise prior unappealed initial or reconsidered determinations when effectuating hearing-level or Appeals Council decisions. If OAO receives a protest for an initial or reconsidered determination, it will return the protest to the effectuating component, citing the above reference and indicating that the effectuating component has jurisdiction to reopen and revise the prior determination.
When it is appropriate to act on the protest (see HALLEX I-3-6-10 D), the Appeals Council (AC) will use its own motion authority whenever possible. When using its own motion authority is not possible but the AC agrees action is appropriate, the AC will consider whether it can reopen the decision, using the procedures outlined in HALLEX I-3-9-80.
The AC will respond to the component that submitted the protest using the procedures in HALLEX I-3-6-10.