I-3-6-51.Notifying Claimant of Own Motion Review

Last Update: 10/13/11 (Transmittal I-3-42)

A. General

When the Appeals Council (AC) reviews a hearing decision or order of dismissal on its own motion, procedural due process requires that the AC give the claimant and his or her representative notice of the review, the reasons for such action, and an opportunity to submit additional evidence and written statements before the AC issues its decision, dismissal, or remand order. The review notice establishes the AC's own motion jurisdiction over the case and prevents the hearing decision from being the final decision of the Commissioner. The notice also provides an opportunity to request an appearance before the AC and, where appropriate, an opportunity to request further consideration by an administrative law judge.

B. Prior Own Motion Notice Not Required

Prior notice is not required when the AC reviews a case on its own motion for the purpose of issuing a fully favorable decision. Because the AC notifies the claimant of the own motion review in the decision, no purpose would be served by delaying the issuance of a fully favorable decision.

C. Own Motion Notices

  1. The analyst prepares a recommendation document when an effectuating component protests and in all Division of Quality sample cases. The analyst also prepares a letter (i.e., own motion notice) to the claimant and his or her representative advising them of the reasons for own motion review and of their rights.

  2. Refer to the Document Generation System for own motion notices and stored paragraphs, which may be completed or modified as necessary. In addition, see I-3-6-55 for procedures to be followed in interim disability benefit (“8001”) cases and I-3-9-35 regarding title XVI cases in current payment status.

D. Preparing and Proofreading

The analyst:

  1. Prepares the own motion notice;

  2. Proofreads the document to ensure its accuracy;

  3. Annotates in red ink the remarks section of the route slip “POTENTIAL 8001 CASE,” if applicable;

  4. Completes the case analysis in the Appeals Review Processing System and refers the case with the own motion notice to the AC for approval.