C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 422—ORGANIZATION AND PROCEDURES › Subpart C—Hearings, Appeals Council Review, and Judicial Review Procedures

20 C.F.R. § 422.205

Proceedings before the Appeals Council

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(a) Administrative Appeals Judge hearing decisions. Administrative Appeals Judge decisions and dismissals issued on hearing requests removed under §§ 404.956 and 416.1456 of this chapter and decisions and dismissals described in § 422.203(c) require the signature of one Administrative Appeals Judge. Requests for review of hearing decisions issued by an Administrative Appeals Judge may be filed pursuant to §§ 404.968 and 416.1468 of this chapter and paragraph (b) of this section.

(b) Appeals Council review. Any party to a hearing decision or dismissal may request a review of such action by the Appeals Council. This request may be made on Form HA-520, Request for Review of Hearing Decision/Order, or by any other writing specifically requesting review. Form HA-520 may be obtained from any Social Security district office or branch office, or at any other office where a request for a hearing may be filed. (For time and place of filing, see §§ 404.968 and 416.1468 of this chapter.)

(c) Review of a hearing decision, dismissal, or denial. The denial of a request for review of a hearing decision concerning a determination under § 422.203(a)(1) shall be by such appeals officer or appeals officers or by such member or members of the Appeals Council as may be designated in the manner prescribed by the Chair or Deputy Chair. The denial of a request for review of a hearing dismissal, the dismissal of a request for review, the denial of a request for review of a hearing decision whenever such hearing decision after such denial would not be subject to judicial review as explained in § 422.210(a), or the refusal of a request to reopen a hearing or Appeals Council decision concerning a determination under § 422.203(a)(1) shall be by such member or members of the Appeals Council as may be designated in the manner prescribed by the Chair or Deputy Chair.

(d) Appeals Council review panel. Whenever the Appeals Council reviews a hearing decision under §§ 404.967, 404.969, 416.1467, or 416.1469 of this chapter and the claimant does not appear personally or through representation before the Appeals Council to present oral argument, such review will be conducted by a panel of not less than two members of the Appeals Council designated in the manner prescribed by the Chair or Deputy Chair of the Appeals Council. In the event of disagreement between a panel composed of only two members, the Chair or Deputy Chair, or his or her delegate, who must be a member of the Appeals Council, shall participate as a third member of the panel. When the claimant appears in person or through representation before the Appeals Council in the location designated by the Appeals Council, the review will be conducted by a panel of not less than three members of the Appeals Council designated in the manner prescribed by the Chair or Deputy Chair. Concurrence of a majority of a panel shall constitute the decision of the Appeals Council unless the case is considered as provided under paragraph (e) of this section.

(e) Appeals Council meetings. On call of the Chair, the Appeals Council may meet en banc or a representative body of Appeals Council members may be convened to consider any case arising under paragraph (c) or (d) of this section. Such representative body shall be comprised of a panel of not less than five members designated by the Chair as deemed appropriate for the matter to be considered. The Chair or Deputy Chair shall preside, or in his or her absence, the Chair shall designate a member of the Appeals Council to preside. A majority vote of the designated panel, or of the members present and voting, shall constitute the decision of the Appeals Council.

(f) Temporary assignments of ALJs. The Chair may designate an administrative law judge to serve as a member of the Appeals Council for temporary assignments. An administrative law judge shall not be designated to serve as a member on any panel where such panel is conducting review on a case in which such individual has been previously involved.

[85 FR 73161, Nov. 16, 2020]
Notes of Decisions
Cited in 12 cases, 1981–2020 · leading case: Sims v. Apfel
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Sims v. Apfel (2000) scotus · cites it 4× “" 20 CFR § 422.205 (a) (1999). Petitioner, through counsel, chose the latter option, submitting to the Council a letter arguing that the ALJ had erred in several ways in analyzing the evidence.”
Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of (1986) ca6 “See also 20 C.F.R. § 422.205 (1985). Significantly, the Appeals Council has possessed this authority since at least 1946.”
Coalition for Government Procurement v. Federal Prison Industries, Inc. (2004) ca6 “2080 (citing 20 C.F.R. § 422.205 (a)). An accompanying notice stated that the form should only take ten minutes for the claimant to complete.”
Muhammad v. Berryhill (2019) paed “If the claimant receives an unfavorable decision from the ALJ, he may request review by the Appeals Council, 20 C.F.R. § 422.205 (a), followed by review in United States District Court, 42 U.”
Walter Johnson v. Kenneth S. Apfel, Commissioner of Social Security (1999) ca7 “20 C.F.R. § 422.205 (a). (Johnson’s lawyer appended his one-page letter to the form rather than attempting to squeeze his argument into the tiny space.”
Lin Zhong v. United States Department of Justice, & Attorney General Gonzales (2007) ca2 “2080 (citing 20 C.F.R. § 422.205 (a) and Form HA-520).”
Patrick Harwood v. Kenneth S. Apfel, Commissioner, Social Security Administration (1999) ca8 “See 20 C.F.R. § 422.205 (a) (1999). The form provides a three-line space for claimants to articulate the grounds for appeal — and no warning of the waiver rule that the Commissioner now urges.”
Ramon L. Pepin Torres v. Secretary of Health and Human Services (1981) ca1 “Part 404, Subpart P, App. 1, § 12.02 (chronic brain syndrome) or § 12.”
Wilson v. Berryhill (2019) paed “Unique Nature of SSA Disability Claims Process SSA ALJs oversee hearings to determine a claimant's eligibility for benefits. 42 U.S.C. § 405 (b)(1).”
Mercado v. Berryhill (2020) mad · cites it 3× “The Commissioner also argues that an Appeals Officer is authorized to make this decision by statute, citing 20 C.F.R. § 422.205 (c). Def.’s Mem. 12. While true, the Appeal Officer’s statutory authority does not answer the constitutional question of whether an Appeals Officer was…”
Coalition Govt Proc v. Fed Prison Indust (2004) ca6 “at 112 (citing 20 C.F.R. § 422.205 (a)). An weight to the responsibility vested in the Administrative Law accompanying notice stated that the form should only take ten Judge (“ALJ”) and the Appeals Council -- rather than the minutes for the claimant to complete.”
Patrick Harwood v. Kenneth S. Apfel (1999) ca8 “See 20 C.F.R. § 422.205 (a) (1999). The form provides a three-line space for claimants to articulate the grounds for appeal--and no warning of the waiver rule that the Commissioner now urges.”
— 20 C.F.R. § 422.205(b) — 1 case
Ramon L. Pepin Torres v. Secretary of Health and Human Services (1981) ca1 “Part 404, Subpart P, App. 1, § 12.02 (chronic brain syndrome) or § 12.”
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