Last Update: 9/1/05 (Transmittal II-6-13)
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SOCIAL SECURITY ADMINISTRATION _____________________________________________________________ | |
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Refer to: TAHB [SSN] [XSSN] |
Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255 Telephone: 703-605-8000 Date: [Month, Day, Year] | |
NOTICE OF APPEALS COUNCIL ACTION
[Claimant's First Name, Middle Initial and Last Name]
[Address]
[City, State Zip]
This is about your request for review of the Administrative Law Judge's [decision] OR [dismissal] OR [decision and dismissal] dated [insert date]. [If good cause for untimely filing is found insert SP 1 RV]
[If taking separate action on another title insert SP 2 RV.]
We Have Granted Your Request for Review
The Appeals Council is reviewing the Administrative Law Judge's [decision] OR [dismissal] OR [decision and dismissal].
Rules We Applied
Under our rules, we will review your case for any of the following reasons.
The Administrative Law Judge appears to have abused his or her discretion.
There is an error of law.
The decision is not supported by substantial evidence.
There is a broad policy or procedural issue that may affect the public interest.
We receive new and material evidence and the decision is contrary to the weight of all the evidence now in the record.
Our rules also allow us to dismiss the request for hearing for any reason the Administrative Law Judge could have used (See Social Security Ruling 95-2c).
What We Considered
We considered the written record that was before the Administrative Law Judge [and the testimony at the hearing].
[If proffering additional evidence, insert:]
We are enclosing a copy of more evidence that we are adding to the record of your case. [We are also sending a copy to your representative.]
What We Plan To Do
We plan to dismiss the request for hearing filed on [insert date].
Why We Are Taking This Action
[Describe the circumstances that warrant dismissing the request for hearing or dismissing it on a basis other than that used by the ALJ.]
Therefore, the Administrative Law Judge should have dismissed the request for hearing because [identify specific reason for dismissal under 20 CFR 404.957 and 416.1457].
You May Send More Information
You may send us more evidence or a statement about the facts and the law in your case within 30 days of the date of this letter.
[If res judicata dismissal (Title II), insert:]
We will consider more evidence if:
It is new and material;
AND
It is about “disability” starting on or before [insert date], the date you were last insured for disability.]
[If dismissal for any other reason, insert:]
We will consider more evidence if:
It is new and material;
AND
It is about [Enter AC's proposed basis for dismissal].
You May Ask For An Appearance
You may ask for an appearance before the Appeals Council to tell us about your case. You must tell us in writing within 30 days from the date of this letter why you want an appearance.
Under our rules, we will give you an appearance if:
There is an important question of law or policy;
OR
Oral argument would help us reach a proper decision.
If we decide to give you an appearance, we will notify you about the time and place at least 10 days before the date scheduled for your appearance.
We Will Not Act For 30 Days
If you have more information, you must send it to us within 30 days of the date of this letter.
Our address and FAX number are:
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ADDRESS: |
Appeals Council |
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FAX: |
[FAX #], Attn: Branch [#]. |
Put the Social Security Number shown at the top of this letter on your request.
If you send us anything by fax, do not send duplicates by mail. That may delay processing your claim.
What Happens Next
If we do not hear from you within 30 days, we will assume that you do not want to send us more information or appear before the Appeals Council. We will then dismiss the request for hearing.
If You Have Any Questions
If you have any questions, you may call or write the Appeals Council. Our telephone number and address are shown at the top of this letter. If you do call, please have this notice with you.
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[Name] |
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Administrative Appeals Judge |
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[Name] |
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Administrative Appeals Judge |
Enclosure[s]:
[List additional
evidence being proffered]
Self-addressed envelope
[If there is a representative,
insert:]
cc:
[Representative's
Name]
[Address]
[City, State
Zip]