Appeals Council

Further review of a determination or order is provided by the Appeals Council. The Appeals Council review must be requested in writing within sixty days of after the date of the ALJ's decision or order of dismissal. The Appeals Council will only review cases that appear to involve abuse of discretion by the ALJ, an error of law, an finding or action not supported by substantial evidence, a violation of public policy or where new or material evidence is submitted, that evidence relates to the period of the ALR decision and based on that evidence the Appeal Council finds that the ALJ's action was contrary to the weight of evidence contained in the record.

Fast Facts

  • The Appeals Council may review the decision of a ALJ on its own motion or initiative and but it will notice parties of that review within sixty days after the date of the underlying ALJ action.
  • The Appeals Council may grant an extension of the time for filing a civil action in a Federal district court if good cause exists for failure to file within the sixty day time period allowed.

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