I-3-4-1.Bases for Dismissal of Request for Review

Last Update: 2/7/14 (Transmittal I-3-63)

Citations: 20 CFR 404.932, 404.968, 404.969, 404.971, 404.973, 416.1432, 416.1468, 416.1469, 416.1471, and 416.1473

The Appeals Council may dismiss a request for review if:

  • the request is not timely filed and the time for filing has not been extended (see Hearings, Appeals, and Litigation Law (HALLEX) manual I-3-4-2);

  • the party or parties to the hearing decision file a written request for dismissal (see HALLEX I-3-4-3); or

  • a party to the decision dies and the record clearly shows that dismissal will not adversely affect any other person who wishes to continue the action and, for title XVI benefits, there is no interim assistance reimbursement authorization in effect (see HALLEX I-3-4-4).

When the Appeals Council dismisses a request for review, the party does not have the right to appeal the action to Federal court.

NOTE 1:

In the 11th Circuit, the notice of an Appeals Council dismissal of a request for review of an administrative law judge's decision must advise the claimant of his or her right to request Federal court review in accordance with Acquiescence Ruling 99-4(11).