I-3-0-10.Appeals Council Jurisdiction — Requests for Review and Own Motion Review

Under 20 CFR 404.967 and 416.1467, the Appeals Council (AC) has jurisdiction to review a case when a claimant, the appointed representative (or representative payee), or other third party on behalf of the claimant, files a request for review of an administrative law judge (ALJ) decision or dismissal. See also Hearings, Appeals, and Litigation Law (HALLEX) manual I-3-1-1).

Under 20 CFR 404.969 and 416.1469, the AC may also initiate review on its own motion within 60 days after the date of an ALJ decision or order of dismissal. See generally HALLEX I-3-6.

After evaluating a case, the AC may deny or dismiss the request for review, or may grant review, regardless of whether the ALJ's decision was favorable, unfavorable, or partially favorable. For more information on AC denials of requests for review, see HALLEX I-3-5. For more information on AC dismissal actions, see HALLEX I-3-4. For more information on AC split actions, see HALLEX I-3-2-60. If the AC grants review (whether on request or on its own motion), the AC will take one of the following actions:

• Issue a fully favorable, partially favorable, or unfavorable decision (HALLEX I-3-8);

• Remand the case to an ALJ (HALLEX I-3-7); or

• Dismiss the claimant's request for hearing for any reason for which the ALJ could have dismissed the request for hearing (HALLEX I-3-4-20).