Background

Currently, HALLEX I-3-1-30 E. (last sentence) and the NOTE contained in I-3-9-1 do not accurately reflect the Appeals Council authority to reopen and revise decisions referred under the unappealed review process. The regulations at 20 CFR 404.969(d) and 416.1469(d) provide that, if a decision is referred to the Appeals Council under the unappealed review process, and the Appeals Council is unable to decide within the applicable 60-day period whether to review the decision, the Council may consider the case to determine if the decision should be reopened pursuant to the regulations on reopening and revising final determinations or decisions (20 CFR 404.987, 404.988, 416.1487, and 416.1488). The preamble to the final regulations establishing 404.969(d) and 416.1469(d), which were published in the Federal Register at 63 FR 36560 (July 7, 1998), provides an accurate description of the Appeals Council's authority under the regulations. It states, in relevant part, that when the Appeals Council is unable to decide whether to review a case on its own motion within the 60-day period in which it may do so, it may consider whether the decision should be reopened under the provisions of 20 CFR 404.987 and/or 416.1487.

Explanation of Content and Changes

This transmittal revises the last sentence in I-3-1-30 E. and the NOTE contained in HALLEX I-3-9-1 to reflect the correct regulatory authority of the Appeals Council to reopen and revise a decision if that decision was referred to the Council under the unappealed review process but the Council was unable to decide whether to review the case on its own motion within the 60-day period in which to do so.

Date: March 15, 2006