I-3-6-53.Releasing Own Motion Notice within the Period for Initiating Review

Last Update: 10/13/01 (Transmittal I-3-42)

The regulations at 20 CFR 404.969 and 416.1469 provide that the Appeals Council (AC) may decide to review a hearing decision or dismissal at any time within 60 days of the date of the hearing action. The AC's decision to review such an action is established by its notice of review.

The analyst must submit an own motion recommendation and notice to the AC with sufficient time for the AC to consider the case and release the notice within 60 days of the hearing decision or dismissal. The AC's support staff will send the notice to the claimant, and a copy to the representative, by certified mail.

Section 216(j) of the Social Security Act, which extends a deadline date falling on a nonwork day to the first full workday immediately following the deadline date, applies to provisions in the law and regulations which set a deadline date for taking certain actions. However, the AC does not invoke section 216(j) to extend the time period to take own motion review. Accordingly, when the last day for taking own motion review falls on a Saturday, Sunday, a legal holiday, or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive Order, the AC will not extend the deadline date for taking own motion review.