20 C.F.R. § 404.979
Decision of Appeals Council
After it has reviewed all the evidence in the administrative law judge hearing record and any additional evidence received, subject to the limitations on Appeals Council consideration of additional evidence in § 404.970, the Appeals Council will make a decision or remand the case to an administrative law judge. The Appeals Council may affirm, modify or reverse the administrative law judge hearing decision or it may adopt, modify or reject a recommended decision. If the Appeals Council issues its own decision, it will base its decision on the preponderance of the evidence. A copy of the Appeals Council's decision will be mailed to the parties at their last known address.
Notes of Decisions
Cited in 38
cases (8 in the last 5 years), 1982–2025 · leading case: Glen W. WILLIAMS v. Otis R. BOWEN, 844 F.2d 748 (10th Cir. 1988).
Glen W. WILLIAMS v. Otis R. BOWEN, 844 F.2d 748 (10th Cir. 1988). “20 C.F. R. §§ 404.979, 416.1479 (1986). While the regulations specify certain instances when the Appeals Council will review a disability case, 20 C.”
Meyer v. Astrue, 662 F.3d 700 (4th Cir. 2011). “See 20 C.F.R. § 404.979 (providing that the Appeals Council, when "mak[ing] a decision,” "may affirm, modify or reverse the administrative law judge hearing decision or it may adopt, modify or reject a recommended decision”).”
Gabriel M. Martinez v. Jo Anne B. Barnhart, 444 F.3d 1201 (10th Cir. 2006). “” 20 C.F.R. § 404.979 ; see also 20 C.F.R. § 404.”
William F. LITTLEFIELD v. Margaret M. HECKLER, 824 F.2d 242 (3d Cir. 1987). “977 (a) (same); 20 C.F.R. § 404.979 (distinguishing “hearing decision” from “recommended decision”).”
Patoski v. Berryhill, 320 F. Supp. 3d 283 (D.D.C. 2018). “See 20 C.F.R. § 404.979 . Patoski's contention that the notice was inadequate is unavailing.”
Michael J. Tobak, Jr. v. Kenneth Apfel, 195 F.3d 183 (3d Cir. 1999). “See 20 C.F.R. § 404.979 (empowering the Appeals Council to “adopt, modify or reject” the decision of the ALJ).”
John Hamilton-Provost v. Michael Astrue, Commissio, 605 F. App'x 233 (5th Cir. 2015). “See 20 C.F.R. §§ 404.979 , 416.1479 (“The Appeals Council may affirm, modify or reverse the administrative law judge hearing decision or it may adopt, modify or reject a recommended decision.”
Julie Ashe v. Andrew Saul, 983 F.3d 1104 (9th Cir. 2020). “20 C.F.R. § 404.979 . Assuming without deciding that a claimant must show some level of diligence to rebut the five- day regulatory presumption, there is no basis to conclude at the motion to dismiss stage that counsel here failed to act diligently when he contacted the Appeals…”
Kevin Weeks v. Soc. Sec. Admin. Comm'r, 230 F.3d 6 (1st Cir. 2000). “, 20 C.F.R. § 404.979 (“the Appeals Council will make a decision or remand the case to an [ALJ]”); id.”
Wood v. Schweiker, 537 F. Supp. 660 (D.S.C. 1982). “Under the appropriate circumstances, the review powers of the Appeals Council are beyond question, see 20 C.F.R. §§ 404.979 , 422.205, but the exercise of those powers in the present case is questionable at best.”
Dawson v. Sullivan, 136 F.R.D. 621 (S.D. Ohio 1991). “20 C.F.R. § 404.979 . The Appeals Council’s decision, unless it is a remand for further proceedings, then becomes the final decision of the Secretary and subject to judicial review under 42 U.”
Jenkins v. Astrue, 628 F. Supp. 2d 1140 (C.D. Cal. 2009). “20 C.F.R. § 404.979 ; Taylor, 765 F.2d at 875 .”
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