I-1-10-40.Appeals Council (AC) Procedures to Notify Other Components of Action

A. General

In some situations, the Office of Appellate Operations (OAO) must notify another component of the AC action on the request for review. This is especially critical when the AC denies a request for review and an Acquiescence Ruling (AR) related to prior findings applies. The applicable ARs are:

• 4^th Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) – AR 00-1(4): Albright v. Commissioner of the Social Security Administration.

• 6^th Circuit (Kentucky, Michigan, Ohio, and Tennessee) – AR 98-3(6): Dennard v. Secretary of Health and Human Services; AR 98-4(6): Drummond v. Commissioner of Social Security.

• 9^th Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington) AR 97-4(9): Chavez v. Bowen.

When both cases are linked in eView, no action is necessary by the person closing the case because the hearing office (HO) and field office (FO) will receive an automated message at the time the case is closed.

For paper cases or certified electronic folders (CEF) not linked in eView, the person closing the case will fax a paper copy of the AC action to the appropriate component after the AC completes its action on the request for review.

B. AC Dismisses or Denies Request for Review

When both cases are linked in eView, no action is necessary. The HO and FO will receive an automated message at closeout.

In a paper case or non-linked CEF, the analyst will create a To Do item in the Appeals Review Processing System (ARPS) for the employee closing the case to:

• Fax a copy of the action documents to the HO if the subsequent application is pending at the hearing level.

• Fax a copy of the action documents to the FO if the claimant resides in Fourth, Sixth, or Ninth Circuits and the subsequent application is pending at the initial or reconsideration level.

C. AC Grants Review