20 C.F.R. § 416.1459
Effect of dismissal of a request for a hearing before an administrative law judge
The dismissal of a request for a hearing is binding, unless it is vacated by an administrative law judge or the Appeals Council.
Notes of Decisions
Cited in 4
cases, 1982–1998 · leading case: Chocallo v. Bureau of Hearings & Appeals, SSA, 548 F. Supp. 1349 (E.D. Pa. 1982).
Chocallo v. Bureau of Hearings & Appeals, SSA, 548 F. Supp. 1349 (E.D. Pa. 1982). “On his motion, the Appeals Council issued an order dated June 9, 1977 removing the Taylor case to the Council pursuant to 20 C.F.R. § 416.1459 . The case was then remanded to the Regional Chief Administrative Law Judge for reassignment to another ALJ.”
Burbage v. Schweiker, 559 F. Supp. 1371 (N.D. Cal. 1983). “20 C.F.R. §§ 416.1459 and 416.1472. In Salfi, supra, the Supreme Court stated: Exhaustion is generally required as a matter of preventing premature interference with agency processes, so that the agency may function efficiently and so *1373 that it may have an opportunity to…”
Brandyburg v. Sullivan (5th Cir. 1992). “Indeed, dismissals by an ALJ are specifically made subject to review by the Appeals Council, 20 C.F.R. §§ 416.1459 , 416.1467, and in the normal case denials of review by the Appeals Council make the underlying decision of the ALJ final and subject to judicial review, id.”
Wolf v. Apfel, 985 F. Supp. 843 (N.D. Ill. 1998). “” 20 C.F.R. § 416.1459 . The dismissal of plaintiff’s request for a hearing on his first application was, therefore, a final determination.”
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.