Subject: Appeals Council Jurisdiction
This transmittal revises sections I-3-307 and I-3-390 to add a court-mandated instruction to adjudicators of disability claims of New York State residents involving medical or vocational issues for implementing the Stieberger court-approved settlement agreement.
We are also deleting the “EXCEPTION” in section I-3-309 B. The Appeals Council has decided not to continue the policy enunciated in HALLEX I-3-309 B. of limiting its dismissal authority to cases where there was a prior hearing decision. The Appeals Council will grant review to dismiss a request for hearing on the basis of res judicata after the Administrative Law Judge has held a hearing and issued a decision on the merits but should have dismissed the request on the basis of res judicata.
Remove from Chapter I-3-300:
I-3-303 B. cont., through I-3-309 cont., dated October 30, 1990 (4 pages).
I-3-390 Exhibits, and I-3-390 Exhibit 1 cont., dated October 30, 1990 (2 pages).
Insert in Chapter I-3-300:
I-3-306 B. cont., through I-3-307, dated January 6, 1993 and I-3-309 C., dated October 30, 1992 (4 pages).
I-3-390 Exhibits, and I-3-390 Exhibit 1 cont., dated January 6, 1993 (2 pages).
Date: January 6, 1993