I-4-8-70.Summary of Notice Requirements — Appeals Council Assumes Jurisdiction

1. Unfavorable Administrative Law Judge (ALJ) Decision.

   1. An interim notice of review is not required when the:

      1. AC issues a fully favorable decision.

      2. AC issues a remand.

      3. AC issues a decision that is favorable in part and remands the remaining issues for further proceedings.

   2. An interim notice of review is required when:

      1. AC proposes to dismiss the request for hearing.

      2. AC proposes to issue a partially favorable or an unfavorable decision.

2. Favorable or Partially Favorable ALJ Decision.

   1. An interim notice of review is not required when the:

      1. AC issues a remand to consider issue(s) raised in the claimant's exception(s).

      2. AC issues a remand of a partially favorable decision to consider only the unfavorable portion(s) of the decision.

   2. An interim notice of review is required when the:

      1. AC proposes to dismiss the request for hearing.

      2. AC proposes to issue a less than fully favorable decision, except when the AC proposes to issue a decision that is favorable in part and remands the remaining issues for further proceedings.

      3. AC proposes to remand to consider issue(s) with respect to any favorable aspect of the decision not raised in the claimant's exception(s).
         

Interim notice of review always required before AC can remand or issue a decision unless decision is fully favorable.