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
The Appeals Council may deny a party's request for review or it may decide to review a case and make a decision. The Appeals Council's decision, or the decision of the administrative law judge if the request for review is denied, is binding unless you or another party file an action in Federal district court, or the decision is revised. You may file an action in a Federal district court within 60 days after the date you receive notice of the Appeals Council's action.
Notes of Decisions
Jack Bloodsworth v. Margaret M. Heckler, Sec'y of Health & Human Servs., 703 F.2d 1233 (11th Cir. 1983).
· cites it 3× “20 C.F.R. § 404.981 (1982). The Appeals Council decision, whether it is a determination on the merits or a denial of request to review, is binding and final and appeal therefrom is available to any party as a matter of statutory right under section 405(g) and the accompanying…”
George Monroe v. Carolyn Colvin, 826 F.3d 176 (4th Cir. 2016).
“See 20 C.F.R. §§ 404.981 , 416.1481 (“The Appeals Council’s decision, or the decision of the [ALJ] if the request for review is denied, is binding unless you or another party file an action in Federal district court, or the decision is revised.”
Daniel Minnick v. Carolyn Colvin, 775 F.3d 929 (7th Cir. 2015).
· cites it 2× “20 C.F.R. § 404.981 . Minnick then sought review in the district court, which affirmed the ALJ’s decision on September 27, 2013.”
Michelle Jeske v. Andrew M. Saul, 955 F.3d 583 (7th Cir. 2020).
“3d 636, 638 (7th 2The Appeals Council denied review of the ALJ’s decision, making it the Commissioner’s final decision, 20 C.F.R. § 404.981 , reviewable by a district court, 42 U.”
Gordon Stout v. Comm'r, Soc. Sec. Admin., 454 F.3d 1050 (9th Cir. 2006).
“In his decision, the ALJ found Stout able to perform his past relevant work as a vine pruner and, therefore, not disabled within the meaning of the Social Security Act.”
Leslie Sun v. Carolyn Colvin, Acting Cmsnr, 793 F.3d 502 (5th Cir. 2015).
· cites it 3× “” 20 C.F.R. § 404.981 (emphasis added). “When the Appeals Council makes a decision,” as it did in Epps , “it will follow the same rules for considering opinion evidence as [ALJs] follow.”
Higginbotham v. Barnhart, 405 F.3d 332 (5th Cir. 2005).
· cites it 2× “In interpreting these regulations, some courts have held that the ALJ decision alone is the final decision of the Commissioner, and other courts have held that the final decision includes the Appeals Council’s denial of a request for review.”
Olivia Kneeland v. Nancy Berryhill, Acting Cmsnr, 850 F.3d 749 (5th Cir. 2017).
“With respect to Appeals Council decisions, 20 C.F.R. § 404.981 is informative: The Appeals Council may deny a party’s request for review or it may decide to review a case and make a decision.”
McHenry v. Berryhill, 911 F.3d 866 (7th Cir. 2018).
“Finally, the ALJ concluded that McHenry could perform jobs that existed in the national economy, so she was not disabled. The Appeals Council denied review, and the magistrate judge upheld the ALJ's denial of benefits.”
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