I-3-9-40.Post-AC Action Correspondence

Last Update: 4/28/06 (Transmittal I-3-38)

The chart below provides guidance concerning the disposition of correspondence and/or evidence received (or considered) after the Appeals Council (AC) denies a request for review, issues a decision or reviews a case on its own motion. Sample letters are contained in the Appeals Text Guide (HALLEX Volume II, Part 6).

Correspondence (Situation)

Received (By SSA)

Clearance (Signature)

Civil Action Language

Sample Letter

Extension of time (EOT) with or without new evidence and/or contentions

Received but not associated prior to release of AC denial notice or AC decision

AC

N/A

COR 40A

(II-6-6-41)

Request for exhibits and/or recording

Received but not associated prior to release of AC denial notice or AC decision

AC (Executive Director's graphic signature)

N/A

COR 40C

(II-6-6-55)

Request for reopening, correspondence, and/or evidence

In response to denial notice or AC decision

AC

No

COR 42

(II-6-6-43)

Correspondence, evidence, or legal argument received after Civil Action (CA) period re: ALJ decision (no specific request to reopen or EOT to file CA)

After original CA period or no right to CA

AC (If necessary, ALJ will consider reopening - See COR 49)

No

COR 44

(II-6-6-44)

Second request for review received

After CA period

OAO

No

COR 45

(II-6-6-47)

Request for Review received after the AC has taken Own Motion (OM) review

After OM taken

AC

N/A

COR 46

(II-6-6-48)

Request for an EOT to file a CA

During original CA period

OAO

Grant

COR 51

(II-6-6-51)

After original CA period

AC

Grant

COR 51

(II-6-6-51)

Deny

COR 52

(II-6-6-52)

Request for reopening (being denied) and EOT to file CA

During original CA period

AC

Grant

COR 53

(II-6-6-53)

After original CA period

AC

Grant

COR 53

(II-6-6-53)

Deny

COR 54

(II-6-6-54)

NOTE:

Requests for EOT to file civil actions must be referred to the Appeals Council if they are:

  1. Received after expiration of the original Civil Action period.

  2. Requesting more than a 60-day extension of time.

  3. Accompanied by a request for reopening.

  4. Subsequent requests for extension of time.

OAO may sign off on EOT letters only where the request is received within the original civil action period and after obtaining verbal AAJ approval.