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Social Security Administration § 404.984

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Social Security Administration § 404.984 Social Security Administration § 404.984 (2) All other rules for filing briefs § 404.982 Extension of time to file ac- with and obtaining evidence from the tion in Federal district court. Appeals Council follow the procedures Any party to the Appeals Council’s explained in this subpart. decision or denial of review, or to an (e) Procedures before the Appeals Coun- expedited appeals process agreement, cil. (1) The Appeals Council, after re- may request that the time for filing an ceiving a recommended decision, will conduct its proceedings and issue its action in a Federal district court be ex- decision according to the procedures tended. The request must be in writing explain in this subpart. and it must give the reasons why the (2) If the Appeals Council believes action was not filed within the stated that more evidence is required, it may time period. The request must be filed again remand the case to an adminis- with the Appeals Council, or if it con- trative law judge for further inquiry cerns an expedited appeals process into the issues, rehearing, receipt of agreement, with one of our offices. If evidence, and another decision or rec- you show that you had good cause for ommended decision. However, if the missing the deadline, the time period Appeals Council decides that it can get will be extended. To determine whether the additional evidence more quickly, good cause exists, we use the standards it will take appropriate action. explained in § 404.911. § 404.979 Decision of Appeals Council. COURT REMAND CASES After it has reviewed all the evidence § 404.983 Case remanded by a Federal in the administrative law judge hear- court. ing record and any additional evidence received, subject to the limitations on When a Federal court remands a case Appeals Council consideration of addi- to the Commissioner for further con- tional evidence in §§ 404.970(b) and sideration, the Appeals Council, acting 404.976(b), the Appeals Council will on behalf of the Commissioner, may make a decision or remand the case to make a decision, or it may remand the an administrative law judge. The Ap- case to an administrative law judge peals Council may affirm, modify or re- with instructions to take action and verse the administrative law judge issue a decision or return the case to hearing decision or it may adopt, mod- the Appeals Council with a rec- ify or reject a recommended decision. ommended decision. If the case is re- If the Appeals Council issues its own manded by the Appeals Council, the decision, it will base its decision on the procedures explained in § 404.977 will be preponderance of the evidence. A copy followed. Any issues relating to your of the Appeals Council’s decision will claim may be considered by the admin- be mailed to the parties at their last istrative law judge whether or not they known address. were raised in the administrative pro- ceedings leading to the final decision [52 FR 4004, Feb. 9, 1987, as amended at 73 FR in your case. 76944, Dec. 18, 2008] [54 FR 37792, Sept. 13, 1989, as amended at 62 § 404.981 Effect of Appeals Council’s FR 38450, July 18, 1997] decision or denial of review. The Appeals Council may deny a par- § 404.984 Appeals Council review of ty’s request for review or it may decide administrative law judge decision to review a case and make a decision. in a case remanded by a Federal The Appeals Council’s decision, or the court. decision of the administrative law (a) General. In accordance with judge if the request for review is de- § 404.983, when a case is remanded by a nied, is binding unless you or another Federal court for further consider- party file an action in Federal district ation, the decision of the administra- court, or the decision is revised. You tive law judge will become the final de- may file an action in a Federal district cision of the Commissioner after re- court within 60 days after the date you mand on your case unless the Appeals receive notice of the Appeals Council’s Council assumes jurisdiction of the action. case. The Appeals Council may assume 261 VerDate Mar<15>2010 14:18 May 20, 2010 Jkt 220063 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\220063.XXX 220063 WReier-Aviles on DSKGBLS3C1PROD with CFR § 404.984 20 CFR Ch. III (4–1–10 Edition) jurisdiction based on written excep- final decision of the Commissioner tions to the decision of the administra- after remand. tive law judge which you file with the (3) When you file written exceptions Appeals Council or based on its author- to the decision of the administrative ity pursuant to paragraph (c) of this law judge, the Appeals Council may as- section. If the Appeals Council assumes sume jurisdiction at any time, even jurisdiction of your case, any issues re- after the 60-day time period which ap- lating to your claim may be considered plies when you do not file exceptions. If by the Appeals Council whether or not the Appeals Council assumes jurisdic- they were raised in the administrative tion, it will make a new, independent proceedings leading to the final deci- decision based on the preponderance of sion in your case or subsequently con- the evidence in the entire record af- sidered by the administrative law judge firming, modifying, or reversing the in the administrative proceedings fol- decision of the administrative law lowing the court’s remand order. The judge, or it will remand the case to an Appeals Council will either make a new, independent decision based on the administrative law judge for further preponderance of the evidence in the proceedings, including a new decision. record that will be the final decision of The new decision of the Appeals Coun- the Commissioner after remand, or it cil is the final decision of the Commis- will remand the case to an administra- sioner after remand. tive law judge for further proceedings. (c) Appeals Council assumes jurisdiction (b) You file exceptions disagreeing with without exceptions being filed. Any time the decision of the administrative law within 60 days after the date of the de- judge. (1) If you disagree with the deci- cision of the administrative law judge, sion of the administrative law judge, in the Appeals Council may decide to as- whole or in part, you may file excep- sume jurisdiction of your case even tions to the decision with the Appeals though no written exceptions have Council. Exceptions may be filed by been filed. Notice of this action will be submitting a written statement to the mailed to all parties at their last Appeals Council setting forth your rea- known address. You will be provided sons for disagreeing with the decision with the opportunity to file briefs or of the administrative law judge. The other written statements with the Ap- exceptions must be filed within 30 days peals Council about the facts and law of the date you receive the decision of relevant to your case. After the Ap- the administrative law judge or an ex- peals Council receives the briefs or tension of time in which to submit ex- other written statements, or the time ceptions must be requested in writing allowed (usually 30 days) for submit- within the 30-day period. A timely re- ting them has expired, the Appeals quest for a 30-day extension will be Council will either issue a final deci- granted by the Appeals Council. A re- sion of the Commissioner based on the quest for an extension of more than 30 preponderance of the evidence affirm- days should include a statement of rea- ing, modifying, or reversing the deci- sons as to why you need the additional sion of the administrative law judge, or time. remand the case to an administrative (2) If written exceptions are timely law judge for further proceedings, in- filed, the Appeals Council will consider cluding a new decision. your reasons for disagreeing with the (d) Exceptions are not filed and the Ap- decision of the administrative law peals Council does not otherwise assume judge and all the issues presented by jurisdiction. If no exceptions are filed your case. If the Appeals Council con- cludes that there is no reason to and the Appeals Council does not as- change the decision of the administra- sume jurisdiction of your case, the de- tive law judge, it will issue a notice to cision of the administrative law judge you addressing your exceptions and ex- becomes the final decision of the Com- plaining why no change in the decision missioner after remand. of the administrative law judge is war- [54 FR 37792, Sept. 13, 1989; 54 FR 40779, Oct. ranted. In this instance, the decision of 3, 1989; 62 FR 38450, July 18, 1997; 73 FR 76944, the administrative law judge is the Dec. 18, 2008] 262 VerDate Mar<15>2010 14:18 May 20, 2010 Jkt 220063 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\220063.XXX 220063 WReier-Aviles on DSKGBLS3C1PROD with CFR.
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