I-3-3-7.Other Bases for Appeals Council Review

Last Update: 9/08/05 (Transmittal I-3-36)

In evaluating a case, the analyst must ensure that the ALJ's decision properly addresses those issues identified by the Circuit Courts as significant. If the Appeals Council finds a basis under the regulatory criteria for granting a request for review, an Appeals Council decision will discuss any significant circuit issues. The rationale must demonstrate that the Appeals Council has properly considered the issue according to circuit law. In cases the Appeals Council proposes to remand, if the hearing decision did not adequately respond to issues which are of particular concern in that circuit, the remand order must so specify and include a verbatim recitation of the relevant excerpt from the applicable circuit court decision.


Adjudicators of disability claims of New York State residents involving medical or vocational issues are reminded that they are required to apply the controlling Second Circuit holdings set forth in the Manual of Second Circuit Disability Decisions attached to the instructions for implementing the Stieberger court-approved settlement (see I-5-4-13).