20 C.F.R. § 416.1479
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 § 416.1470, 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 10
cases (5 in the last 5 years), 1990–2022 · leading case: Ernestine KEY, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellant, 925 F.2d 1056 (7th Cir. 1991).
Ernestine KEY, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellant, 925 F.2d 1056 (7th Cir. 1991). “” Similarly, 20 C.F.R. § 416.1479 says, “The Appeals Council may affirm, modify or reverse the hearing decision or it may adopt, modify or reject a recommended decision.”
Roberson v. Barnhart, 314 F. Supp. 2d 505 (D. Maryland 2003). “” 20 C.F.R. § 416.1479 (emphasis added). In the May 17, 2002 order, the Appeals Council ordered the process to start anew.”
Marc P. v. Kijakazi (D.R.I. 2022). “See 20 C.F.R. § 416.1479 (“The Appeals Council may affirm, modify or reverse the [ALJ] hearing decision or it may adopt, modify or reject a recommended decision.”
Barbee v. Kijakazi (S.D. Cal. 2022). “20 C.F.R. §§ 416.1479 , 11 404.979. If a claimant disagrees with the Appeals Council’s decision or the Appeals 12 Council declines to review the claim, the claimant may seek judicial review in a federal 13 district court.”
Hudson v. Berryhill (S.D. Ga. 2019). “” 20 C.F.R. § 416.1479 . Second, Plaintiff argues he was entitled to a hearing before the AC because he requested one and the Listings changed substantively.”
Vercruysse v. Comm'r of Soc. Sec. (W.D.N.Y. 2020). “Appeals Council must review all evidence, as well as additional evidence, 20 C.F.R. § 416.1479 (id.). If the new evidence is not considered by Appeals Council, relief granted on judicial review is remand for consideration in light of new evidence (id.”
Hammond v. Comm'r of Soc. Sec. Admin. (W.D. Tenn. 2021). “20 C.F.R. § 416.1479 . But once a case is appealed to federal court, “if the administrative findings are supported by substantial evidence, they are conclusive, and a reviewing court may not reweigh the evidence or substitute its judgment for that of the administrative…”
Riccota v. Comm'r of Soc. Sec. Admin. (W.D. Tenn. 2022). “20 C.F.R. § 416.1479 . But once a case is appealed to federal court, “if the administrative findings are supported by substantial evidence, they are conclusive, and a reviewing court may not reweigh the evidence or substitute its judgment for that of the administrative…”
Cari v. Comm'r of Soc. Sec. (W.D. Wash. 2022). “1476(b) and 20 C.F.R. 416.1479. Here, 5 Dr. Wingate rendered her opinion on June 29, 2020, almost 18 months after plaintiff’s 6 date last insured of December 31, 2018.”
Sheehan v. Sullivan, 754 F. Supp. 146 (D. Minnesota 1990). “20 C.F.R. § 416.1479 . When the Appeals Council remanded plaintiffs case to the ALJ for a hearing, it specifically ordered the AU to review the case in a manner consistent with the District Court’s remand and issue a recommended decision.”
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