20 C.F.R. § 416.1471

Dismissal by Appeals Council

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The Appeals Council will dismiss your request for review if you did not file your request within the stated period of time and the time for filing has not been extended. The Appeals Council may also dismiss any proceedings before it if—

(a) You and any other party to the proceedings files a written request for dismissal; or

(b) You die, there are no other parties, and we have no information to show that you may have a survivor who may be paid benefits due to you under § 416.542(b) and who wishes to pursue the request for review, or that you authorized interim assistance reimbursement to a State pursuant to section 1631(g) of the Act. The Appeals Council, however, will vacate a dismissal of the request for review if, within 60 days after the date of the dismissal:

(1) A person claiming to be your survivor, who may be paid benefits due to you under § 416.542(b), submits a written request for review, and shows that a decision on the issues that were to be considered on review may adversely affect him or her; or

(2) We receive information showing that you authorized interim assistance reimbursement to a State pursuant to section 1631(g) of the Act.

[45 FR 52096, Aug. 5, 1980, as amended at 58 FR 52914, Oct. 13, 1993]

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1987–2024 · leading case: James MATLOCK, Plaintiff-Appellant, v. Louis W. SULLIVAN, Etc., Defendant-Appellee, 908 F.2d 492 (9th Cir. 1990).

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James MATLOCK, Plaintiff-Appellant, v. Louis W. SULLIVAN, Etc., Defendant-Appellee, 908 F.2d 492 (9th Cir. 1990). “20 C.F.R. §§ 416.1471 & 416.1472 (1989). Thus, an applicant cannot obtain judicial review after violating the timeliness requirements for Appeals Council review.”

Harper v. Bowen, 813 F.2d 737 (5th Cir. 1987). “See 20 C.F.R. § 416.1471 . This dismissal is not subject to review, see 20 C.”

Christiansen v. Saul (D. Alaska 2020). · cites it 3× “53 Although the Court will focus on the 49 The Appeals Council dismissed Plaintiff’s SSI claim pursuant to 20 C.F.R. § 416.1471 (b) and provided “that the Appeals Council may dismiss a request for review where the claimant dies and the dismissal will not adversely affect a…”

Troxell v. Comm'r of Soc. Sec. (W.D. Ky. 2021). “(citing 20 C.F.R § 416.1471); see also 20 C.F.R. § 404.”

Lee v. Comm'r of Soc. Sec. (W.D.N.Y. 2020). “20 C.F.R. § 416.1471 . The dismissal of a claimant’s request for Appeals Council review of an ALJ’s decision is a final decision and subject to judicial review under § 405(g).”

D'Amato v. Soc. Sec. Admin. (E.D.N.Y 2024). “; 20 CFR § 416.1471 . “It is only after the completion of the full administrative process that a claimant receives a final decision of the Commissioner, which triggers the right to judicial review under the [Act].”

Brandyburg v. Sullivan (5th Cir. 1992). “Section 405(b)(1) guarantees any individual against whom an unfavorable determination 6 By contrast, the proper response by the Appeals Council to an untimely request for review is dismissal rather than denial, 20 C.F.R. § 416.1471 ; the dismissal of a request for Appeals…”

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