Last Update: 9/08/05 (Transmittal I-3-36)
The Appeals Council may dismiss a request for review at the request of the claimant or his or her representative.
The claimant or representative must submit a written request for dismissal or withdrawal of the request for review. The file must clearly show that the claimant understands the effect of the request. Dismissal is discretionary with the Appeals Council.
The party may state the reasons for voluntarily withdrawing the request for review in general terms or the reasons may be apparent from the nature of the case. Although the party does not have to provide specific reasons, the Appeals Council will consider dismissing the request for review only if the file indicates that the party understands the effect of the action and there is no indication of any improper influence on the party.
If more than one party requested review or is involved in the case, the Appeals Council must notify all parties of the request for withdrawal and that they must notify the Appeals Council of their consent or objection. The Appeals Council will not dismiss the request for review if any party objects to the action.
The Appeals Council will send written notice of its action on the request to the party who requested withdrawal and to the other parties.
Consider the case on its merits and include in your analysis your rationale for not recommending dismissal. (See I-3-1, Workup of Case by Analyst.)
Explain in narrative form why it appears the parties understand the effect of the request. Prepare an Appeals Council Dismissal Order. See Appeals Text Guide.