C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart J—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

20 C.F.R. § 404.968

How to request Appeals Council review

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Time and place to request Appeals Council review. You may request Appeals Council review by filing a written request. You should submit any evidence you wish to have considered by the Appeals Council with your request for review, and the Appeals Council will consider the evidence in accordance with § 404.970. You may file your request—

(1) Within 60 days after the date you receive notice of the hearing decision or dismissal (or within the extended time period if we extend the time as provided in paragraph (b) of this section);

(2) At one of our offices, the Veterans Administration Regional Office in the Philippines, or an office of the Railroad Retirement Board if you have 10 or more years of service in the railroad industry.

(b) Extension of time to request review. You or any party to a hearing decision may ask that the time for filing a request for the review be extended. The request for an extension of time must be in writing. It must be filed with the Appeals Council, and it must give the reasons why the request for review was not filed within the stated time period. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in § 404.911.

[45 FR 52081, Aug. 5, 1980, as amended at 81 FR 90993, Dec. 16, 2016]
Notes of Decisions
Cited in 122 cases (34 in the last 5 years), 1983–2026 · leading case: Robert E. Schmidt v. Jo Anne B. Barnhart, Commissioner of Social Security
Sort: Relevance Newest Treatment
Robert E. Schmidt v. Jo Anne B. Barnhart, Commissioner of Social Security (2005) ca7 · cites it 2× “20 C.F.R. § 404.968 . Rather, the correspondence merely stated, “I intend to submit additional evidence in support of Mr.”
George Dietsch v. Richard Schweiker, as Secretary of the Department of Health and Human Services (1983) ca2 · cites it 4× “In this case the request for review was allegedly mailed on the last day of the 60-day period provided by the regulations and was dismissed as untimely by the Appeals Council. Reasoning that actual receipt of Dietsch’s application was necessary for timely filing under the…”
Casey v. Berryhill (2017) ca7 · cites it 2× “See 20 C.F.R. §§ 404.968 (b), 404.911. But having granted Casey’s request, the Council could not simply change its mind and dismiss Casey’s appeal on the theory that he had not adequately justified his delay, after leading him on for over a year without suggesting he needed to…”
Monette v. Colvin (2016) ca2 “The Agency review request form stated clearly that any additional evidence or a written request for an extension of time to submit such evidence must be submitted along with the request for review.”
Rossello Ex Rel. Rossello v. Astrue (2008) cadc “20 C.F.R. §§ 404.968 , 404.970. The Appeals Council granted review but explained that Cristina’s earnings in 1986 and 1987 (when she was 22 and 23 years old) suggested she had performed substantial gainful activity since turning 22 — meaning she could not meet the statutory…”
Brown v. Colvin (2016) ca7 “The ALJ informed Brown that he had 60 days within which to appeal her decision to the Appeals Council, see 20 C.F.R. §§ 404.968 , 416.1468. Over the following month, Brown sent multiple letters to the ALJ asking her to reopen the case.”
Jane C. BACON, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services (1992) ca3 · cites it 2× “20 C.F.R. §§ 404.968 , 404.971, 404.972 (1991).”
Waters v. Massanari (2001) gand · cites it 3× “20 C.F.R. §§ 404.968 , 416.1468; Bivines v.”
Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, Autry R. Hand v. Otis R. Bowen, Secretary of H (1986) ca11 “Appeals Council decisions occur in four ways: (1) the claimant can seek review of an adverse ALJ decision by filing an appeal with the Appeals Council within 60 days after he receives notice of that decision, 20 C.F.R. § 404.968 (a)(1) (1985); (2) the Appeals Council can, on its…”
Richardson v. Barnhart (2006) nywd “In contrast to the initial 60-day window available for the request of an Appeals Council review under 20 C.F.R. § 404.968 , written exceptions must generally be filed within 30 days.”
Allen Sheppard v. Louis W. Sullivan, M.D., Secretary of the Department of Health & Human Services (1990) cadc “988(a), apply to both sides, then the 60-day limit on seeking “review,” see 20 CFR §§ 404.968 & 404.969 (1989), is superfluous.”
Sinatra v. Heckler (1983) nyed “See 20 C.F.R. 404.968 (1982). The plaintiff claimed that he had mailed the request on day 60 and that mailing constituted filing for the purpose of the regulations.”
Show all 122 citing cases →
— 20 C.F.R. § 404.968(a) — 5 cases
Waters v. Massanari (2001) gand “20 C.F.R. §§ 404.968 , 416.1468; Bivines v.”
Jones v. Heckler (1985) ilnd
Kruszewski v. Commissioner of Social Security (2023) innd
Arflack v. Saul (2020) moed
Finch v. Barnhart (2006) cacd
— 20 C.F.R. § 404.968(a)(1) — 1 case
Jones v. Astrue (2007) nysd
— 20 C.F.R. § 404.968(b) — 3 cases
Jones v. Heckler (1985) ilnd
Kruszewski v. Commissioner of Social Security (2023) innd
Dunn v. Kijakazi (2022) mdd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.