Last Update: 9/08/05 (Transmittal I-3-36)
The Appeals Council may dismiss a request for review when the request for review is filed by a person who is not a proper party.
NOTE:
See I-3-4-6 for procedures when the request for review is either prematurely filed or erroneously prepared.
The Appeals Council may dismiss a request for review if the individual filing the request is not a proper party or does not otherwise have a right to request review. In most cases, a proper party is the person who received the hearing decision or dismissal; however, persons whose rights may be adversely affected by a decision may be parties to the case and thus have the right to file a request for review. (20 CFR 404.932 and 416.1432.)
Also, the following persons may file a request for review on behalf of a party:
a duly appointed representative of a person who has a right to request review.
an individual who may file an application for and pursue a claim on behalf of a minor child, a mentally incompetent individual, or one who is physically unable to sign his or her own request. (Note that a minor child or a person who is mentally incapable of filing on his or her own behalf is a party to the proceeding even if someone else is authorized to act on his or her behalf.)
a person who may receive benefits due a deceased beneficiary or recipient.
If the request for review is filed by a proper party and is otherwise appropriate, proceed to consider the case on its merits (see I-3-1, Workup of Case by Analyst).
If the request for review was not filed by a proper party, the analyst will prepare a memorandum or analysis (no standard form required) explaining the relevant factors in the case; i.e., why there is no right to request review. The analyst will also prepare an appropriate dismissal order. See Appeals Text Guide.