I-3-5-1.Appeals Council Denials - In General

Last Update: 10/27/16 (Transmittal I-3-147)

A. When the Appeals Council (AC) Will Deny Review

The AC will deny a request for review when there is no basis under the regulations for granting or dismissing the request. The bases for granting review are set forth in 20 CFR 404.970 and 416.1470. The bases for dismissing a request for review are found in 20 CFR 404.971 and 416.1471.

NOTE:

For more information about AC grant review actions, see also Hearings, Appeals and Litigation Law (HALLEX) manual I-3-6-1 (own motion review), I-3-7-1 (remands), or I-3-8-1 (AC decisions). For dismissal actions, see HALLEX I-3-4-1.

B. General Procedures When the AC Denies Review

1. Review by Analyst

Prior to review by the AC, the Office of Appellate Operations will assign a request for review to an analyst to prepare a recommended action for the AC. See HALLEX I-3-2-1. If the analyst concludes there is no basis for granting or dismissing the request for review present, the analyst will prepare an analysis in the Appeals Review Processing System (ARPS) and a proposed denial action document for review by the AC. See HALLEX I-3-2-5 and I-3-5-25. The analyst will then route the case to the AC for review.

2. Review by the AC

The AC will review the claim(s) file, analyst's recommendation, and proposed action document to determine whether it agrees with the proposed action. For more information about AC review, see HALLEX I-3-5-25 C.

3. Actions When the AC Denies Review

When the AC denies a request for review, it will notify all parties to the request for review, and any appointed representative, of its action at the last known address. When the AC denies a request for review, it will advise all parties of the right to file a civil action. See 20 CFR 404.981 and 416.1481.