20 C.F.R. § 404.972
Effect of dismissal of request for Appeals Council review
The dismissal of a request for Appeals Council review is binding and not subject to further review.
Notes of Decisions
Cited in 19
cases (6 in the last 5 years), 1983–2024 · leading case: Jack Bloodsworth v. Margaret M. Heckler, Sec'y of Health & Human Servs., 703 F.2d 1233 (11th Cir. 1983).
Jack Bloodsworth v. Margaret M. Heckler, Sec'y of Health & Human Servs., 703 F.2d 1233 (11th Cir. 1983). “By 20 C.F.R. §§ 404.972 2 and 404.981, an Appeals Council review determination, on whatever grounds, is perceived as the appropriately “final decision” from which to take an appeal to the district court under section 405(g).”
Jane C. BACON, Appellant, v. Louis W. SULLIVAN, Sec'y of Health & Human Servs., 969 F.2d 1517 (3rd Cir. 1992). “Bacon urges us to interpret the phrase “[t]he dismissal of a request for Appellate Council review is binding and not subject to further review,” 20 C.F.R. § 404.972 , to mean that such a dismissal constitutes a final decision by the Secretary.”
Casey v. Berryhill, 853 F.3d 322 (7th Cir. 2017). “The Commissioner cites but does not discuss 20 C.F.R. § 404.972 , which provides that the "dismissal of a request for Appeals Council review is binding and not subject to further review.”
Bradley Rodriguez v. Soc. Sec. Admin., 118 F.4th 1302 (11th Cir. 2024). “” 20 C.F.R. § 404.972 . Based on that regulation, he asserts that the Appeals Council members USCA11 Case: 22-13602 Document: 39-1 Date Filed: 10/01/2024 Page: 18 of 28 18 Opinion of the Court 22-13602 essentially exercise the same unreviewable power as the APJs in Arthrex.”
Courtney v. Choplin, 195 F. Supp. 2d 649 (D.N.J. 2002). “” See 20 C.F.R. § 404.972 (incorporated by reference pursuant to 42 C.”
Bellantoni v. Schweiker, 566 F. Supp. 313 (E.D.N.Y 1983). “See 20 C.F.R. § 404.972 (“The dismissal of a request for Appeals Council review is binding and not subject to further review”).”
Aversa v. Sec'y of Health & Human Servs., 672 F. Supp. 775 (D.N.J. 1987). “20 C.F.R. § 404.972 provides that dismissal of a request for Appeals Council review is binding and not subject to further review.”
Harper v. Bowen, 813 F.2d 737 (5th Cir. 1987). ““Both are equally final and both trigger a right to review by the district court____ By 20 C.F.R. §§ 404.972 and 404.981 2 [relating to dismissal and a decision on the merits, respectively], an Appeals Council review determination, on whatever grounds, is perceived as the…”
O'connell v. Chater, 958 F. Supp. 466 (C.D. Cal. 1996). “” 20 C.F.R. § 404.972 . Here, the record shows the unfavorable decision was mailed to plaintiff on November 1, 1994.”
Robbins v. Colvin, 142 F. Supp. 3d 205 (D. Mass. 2015). “” 20 C.F.R. §§ 404.972 , 416.1472 (emphasis added).”
John Casey v. Nancy A. Berryhill (7th Cir. 2017). “In its April 12, 2012 letter, 1 The Commissioner cites but does not discuss 20 C.F.R. § 404.972 , which provides that the “dismissal of a request for Appeals Council review is binding and not subject to further review.”
Troxell v. Comm'r of Soc. Sec. (W.D. Ky. 2021). “1472 ); see also 20 C.F.R. § 404.972 . In Smith, the Supreme Court carefully considered the language in the first and second clauses of § 405(g) as well as the strong presumption that Congress intended judicial review of administrative action.”
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