20 C.F.R. § 404.960

Vacating a dismissal of a request for a hearing before an administrative law judge

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(a) Except as provided in paragraph (b) of this section, an administrative law judge or the Appeals Council may vacate a dismissal of a request for a hearing if you request that we vacate the dismissal. If you or another party wish to make this request, you must do so within 60 days of the date you receive notice of the dismissal, and you must state why our dismissal of your request for a hearing was erroneous. The administrative law judge or Appeals Council will inform you in writing of the action taken on your request. The Appeals Council may also vacate a dismissal of a request for a hearing on its own motion. If the Appeals Council decides to vacate a dismissal on its own motion, it will do so within 60 days of the date we mail the notice of dismissal and will inform you in writing that it vacated the dismissal.

(b) If you wish to proceed with a hearing after you received a fully favorable revised determination under the prehearing case review process in § 404.941, you must follow the procedures in § 404.941(d) to request that an administrative law judge vacate his or her order dismissing your request for a hearing.

[76 FR 65370, Oct. 21, 2011]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1986–2025 · leading case: Cruz v. Sullivan, 802 F. Supp. 1015 (S.D.N.Y. 1992).

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Cruz v. Sullivan, 802 F. Supp. 1015 (S.D.N.Y. 1992). “1460, a request for review by the Appeals Council must take place within 60 days from the date of receipt of the notice of the AU’s decision (which is not pinpointed in the current case and is not documented by any return receipt). Plaintiff’s affidavit asserts that a letter…”

Cooper v. Colvin, 224 F. Supp. 3d 663 (C.D. Ill. 2016). “1560 (c), 20 C.F.R. § 404.960 (c); Weatherbee v. Astrue, 649 F.”

Kiiker v. Astrue, 364 F. App'x 408 (10th Cir. 2010). “In fact, under the regulations, he could do so either by filing a request to vacate the dismissal with the ALJ or Appeals Council, 20 C.F.R. § 404.960 , or by filing a request for review of the dismissal with the Appeals Council, id.”

Cooper v. Bowen, 655 F. Supp. 104 (E.D. Pa. 1986). “20 C.F.R. § 404.960 (1986). 3 . The July 19, 1984 notice to plaintiff specifically instructs plaintiff to appear before administrative law judge, Silvester A.”

Rashidi v. Kijakazi (S.D. Cal. 2021). “The ALJ explicitly overruled this objection and explained: 6 The regulations indicate that sufficient basis for vocational expert testimony can be professional knowledge and experience, as well 7 as reliance on job information available from various government 8 publications or…”

Wilson v. Comm'r of Soc. Sec. (M.D. Fla. 2020). “See also 20 C.F.R. §§ 404.960 & 404.967. While Plaintiff did not ask the ALJ to set aside the order, he did avail himself of the opportunity to request review by the Appeals Council.”

Smith v. Comm'r of Soc. Sec. (N.D. Ind. 2019). “§ 423 (d)(2)(A), and the regulations, 20 C.F.R. § 404.960 and 20 C.F.R. § 404.966 .”

Lawrence-Jones v. Comm'r of Soc. Sec. (M.D. Fla. 2025). “20 C.F.R. § 404.960 . “The Appeals Council may deny a party’s request for review or it may decide to review a case and make a decision.”

Matos-Cruz v. Comm'r (1st Cir. 1998). “Finding no "good cause" for the request as required by 20 C.F.R. 404.960, it declined to vacate the dismissal.”

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