I-3-4-20.Appeals Council Dismissal of Request for Hearing

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

A. General

The Appeals Council may dismiss a request for hearing for any reason it could have been dismissed by the ALJ under 20 CFR 404.957 and 416.1457 (See also Social Security Ruling 95-2c and Appeals Council Interpretation II-5-1-5).

B. Operating Procedure

Procedural due process requires that in any case in which the Appeals Council grants review or takes own motion, and then decides to dismiss a request for hearing (for the same reason that the ALJ could have dismissed or for a different reason), the Appeals Council will send a “propose to find” letter giving the claimant/representative 20 days to submit arguments and/or evidence.

NOTE:

If a Title XVI claimant is in payment status, the Appeals Council must give Goldberg v. Kelly notice. See Appeals Text Guide.

C. Preparing Recommendation to the Appeals Council

  1. Prepare a memorandum explaining the relevant factors in the case, (i.e., why the request for hearing should have been dismissed by the Administrative Law Judge). No standard form is required.

  2. Prepare a “propose to find” letter as described in B. above.

D. Preparing Appeals Council Action Document

Consider any additional argument and/or evidence. If the proposed action is still appropriate, prepare an Appeals Council Dismissal Order. See Appeals Text Guide.