I-3-9-8.Appeals Council's Jurisdiction to Reopen and Revise a Determination or Decision

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

When a case is properly before the Appeals Council and the conditions for reopening exist, the Appeals Council has the authority to consider the issue of reopening and revising any final determination or any decision or dismissal action issued by the Appeals Council or by an ALJ.

The Appeals Council has primary jurisdiction to consider reopening and revision of the following:

  • any Appeals Council decision; or

  • any ALJ decision, if

    • the case is properly before the Appeals Council on the basis of a subsequent application, own motion review, or otherwise; or

    • a party filed a request for review with respect to the prior ALJ decision, but the Appeals Council dismissed the request for review because of the death of the claimant; or

    • a party filed a request for review with respect to the prior ALJ decision, the Appeals Council denied the request for review, and the Council is now considering evidence or other material (constituting a request for reopening and revision) submitted by the claimant or on the claimant's behalf within 60 days after the Appeals Council denied the request for review.

  • any initial determination, or reconsidered determination, if the case is properly before the Appeals Council on the basis of a subsequent application, own motion review, or otherwise.

NOTE:

The Appeals Council will also retain jurisdiction to reopen and revise any final determinations or decisions in which an ALJ has primary jurisdiction (see I-3-9-7) if circumstances permit the Appeals Council to act more expeditiously.