20 C.F.R. § 416.1468

How to request Appeals Council review

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(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 § 416.1470. You may file your request at one of our offices 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).

(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 § 416.1411.

[45 FR 52096, Aug. 5, 1980, as amended at 81 FR 90996, Dec. 16, 2016]

Notes of Decisions

Cited in 27 cases (15 in the last 5 years), 1984–2025 · leading case: Silvis v. Heckler, 578 F. Supp. 1401 (W.D. Pa. 1984).

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Silvis v. Heckler, 578 F. Supp. 1401 (W.D. Pa. 1984). · cites it 3× “20 C.F.R. §§ 416.1468 , 404.968 (1983). The main issue for the court, therefore, is whether the Secretary, acting through the Appeals Council, may, on her own initiative, reopen a decision.”

James MATLOCK, Plaintiff-Appellant, v. Louis W. SULLIVAN, Etc., Defendant-Appellee, 908 F.2d 492 (9th Cir. 1990). · cites it 2× “20 C.F.R. § 416.1468 (b) (1989). However, the regulations prohibit judicial review of the Appeals Council's refusal to grant such an extension.”

Harper v. Bowen, 813 F.2d 737 (5th Cir. 1987). · cites it 3× “20 C.F.R. § 416.1468 (b). The regulations provide that the denial of a request for an extension is not subject to judicial review.”

Callender v. Soc. Sec. Admin., 275 F. App'x 174 (3rd Cir. 2008). “Callender was advised of his right to file a request for review with the Appeals Council within 60 days of his receipt of the decision, as required by 20 C.F.R. § 416.1468 . On March 3, 2004, more than five months after the 60-day time period expired, Callender filed a request…”

Roesch v. Apfel, 17 F. Supp. 2d 1080 (D. Neb. 1998). “Compare 20 C.F.R. § 416.1468 (60 day limit for claimant to request review) with 20 C.”

Tafoya v. Soc. Sec. Admin. (D.N.M. 2022). · cites it 7× “4 20 C.F.R. § 416.1468 (a). If a claimant does not file a request for review within 60 days and the Appeals Council has not granted an extension, it will dismiss the appeal.”

Pereira v. Shalala, 841 F. Supp. 323 (C.D. Cal. 1993). “968 (a), 20 C.F.R. § 416.1468 (a). If that is the Secretary’s position, it is inconsistent with the “Order of Appeals Council” mailed to plaintiff on May 8, 1992.”

Tafoya v. Soc. Sec. Admin. (D.N.M. 2022). · cites it 4× “In so finding, the Appeals Council determined that Plaintiff’s request for review was not filed within 60 days of the date Plaintiff received notice of the ALJ’s decision, as is required by 20 C.F.R. § 416.1468 (a), and that Plaintiff had not shown good cause for missing that…”

Koolstra v. Sullivan, 744 F. Supp. 243 (D. Colo. 1990). “20 C.F.R. § 416.1468 , .1469 (1989). The bases for granting review are broader than those for reopening and include circumstances in which the ALJ has abused his discretion, has made a legal error, where his determination is not supported by substantial evidence or where…”

Matthew Sipp v. Nancy Berryhill, 699 F. App'x 576 (7th Cir. 2017). · cites it 2× “If Sipp wanted to appeal the 2005 ruling, he needed to file a written request with the Appeals Council within 60 days, 20 C.F.R. § 416.1468 (a), or otherwise seek an extension of time from the Appeals Council to file an appeal.”

Natasha Glasby v. Soc. Sec. Admin., Comm'r (11th Cir. 2022). · cites it 2× “See 20 C.F.R. § 416.1468 (a). A claimant is allowed to present new evidence to the Appeals Council.”

Parker v. Comm'r, SSA (10th Cir. 2021). “2 The sixty-day deadline is set forth at 20 C.F.R. § 416.1468 (a). 4 of what he needed to do to preserve his right to judicial review, Parker did not seek Appeals Council review before filing his complaint in district court.”

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— 20 C.F.R. § 416.1468(a) — 2 cases

Davis v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2020).

Howard v. Comm'r of Soc. Sec. (E.D. Pa. 2021).

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