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. § 422.210

Judicial review

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(a) General. A claimant may obtain judicial review of a decision by an administrative law judge or administrative appeals judge if the Appeals Council has denied the claimant's request for review, or of a decision by the Appeals Council when that is the final decision of the Commissioner. A claimant may also obtain judicial review of a reconsidered determination, or of a decision of an administrative law judge or an administrative appeals judge, where, under the expedited appeals procedure, further administrative review is waived by agreement under § 404.926 or § 416.1426 of this chapter or as appropriate. There are no amount-in-controversy limitations on these rights of appeal.

(b) Court in which to institute civil action. Any civil action described in paragraph (a) of this section must be instituted in the district court of the United States for the judicial district in which the claimant resides or where such individual or institution or agency has his principal place of business. If the individual does not reside within any such judicial district, or if such individual or institution or agency does not have his principal place of business within any such judicial district, the civil action must be instituted in the District Court of the United States for the District of Columbia.

(c) Time for instituting civil action. Any civil action described in paragraph (a) of this section must be instituted within 60 days after the Appeals Council's notice of denial of request for review of the administrative law judge's decision or notice of the decision by the Appeals Council is received by the individual, institution, or agency, except that this time may be extended by the Appeals Council upon a showing of good cause. For purposes of this section, the date of receipt of notice of denial of request for review of the presiding officer's decision or notice of the decision by the Appeals Council shall be presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary. Where pursuant to the expedited appeals procedures an agreement has been entered into under 42 CFR 405.718c, a civil action under section 205(g) of the Act must be commenced within 60 days from the date of the signing of such agreement by, or on behalf of, the Commissioner, except where the time described in the first sentence of this paragraph (c) has been extended by the Commissioner upon a showing of good cause. Where pursuant to the expedited appeals procedures an agreement has been entered into under § 404.926, § 410.629d, or § 416.1426 of this chapter, a civil action under section 205(g) of the Act must be commenced within 60 days after the date the individual receives notice (a signed copy of the agreement will be mailed to the individual and will constitute notice) of the signing of such agreement by, or on behalf of, the Commissioner, except where the time described in this paragraph (c) has been extended by the Commissioner upon a showing of good cause.

(d) Proper defendant. Where any civil action described in paragraph (a) of this section is instituted, the person holding the Office of the Commissioner shall, in his official capacity, be the proper defendant. Any such civil action properly instituted shall survive notwithstanding any change of the person holding the Office of the Commissioner or any vacancy in such office. If the complaint is erroneously filed against the United States or against any agency, officer, or employee of the United States other than the Commissioner, the plaintiff will be notified that he has named an incorrect defendant and will be granted 60 days from the date of receipt of such notice in which to commence the action against the correct defendant, the Commissioner.

(e) Appeals Council review panel after Federal court remand. When the Appeals Council holds a hearing under § 404.983 or § 416.1483 of this chapter, such hearing will be conducted and a decision will be issued 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. When the Appeals Council issues a decision under §§ 404.983 and 416.1483 of this chapter without holding a hearing, a decision will be issued by a panel of not less than two members of the Council designated in the same manner prescribed by the Chair or Deputy Chair of the 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 Council, shall participate as a third member of the panel.

[41 FR 53792, Dec. 9, 1976, as amended at 44 FR 34942, June 18, 1979; 49 FR 46370, Nov. 26, 1984; 49 FR 48036, Dec. 10, 1984; 54 FR 4268, Jan. 30, 1989; 62 FR 38456, July 18, 1997; 85 FR 73162, Nov. 16, 2020]
Notes of Decisions
Cited in 1,292 cases (947 in the last 5 years), 1975–2026 · leading case: Elbridge Cook v. Comm'r of Soc. Sec., 480 F.3d 432 (6th Cir. 2007).
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Elbridge Cook v. Comm'r of Soc. Sec., 480 F.3d 432 (6th Cir. 2007). · cites it 4× “20 C.F.R. § 422.210 (c). Rule 26(a)(3) of the Federal Rules of Appellate Procedure provides that when the final day of an appeals period falls on a Saturday or a Sunday, then those days are excluded in computing the time period.”
Walker-Butler v. Berryhill, 857 F.3d 1 (1st Cir. 2017). · cites it 9× “We consider in this appeal whether a five-day grace period outlined in 20 C.F.R. § 422.210 (c) should have applied on remand and saved her complaint from dismissal.”
Payan v. Aramark Mgmt. Servs. Ltd. P'ship, 495 F.3d 1119 (9th Cir. 2007). · cites it 2× “, 20 C.F.R. § 422.210 (c) (“[T]he date of receipt of notice .”
Mikhail Matsibekker v. Margaret M. Heckler, Sec'y of the Dep't of Health & Human Servs. of the United States, 738 F.2d 79 (2d Cir. 1984). · cites it 3× “Appellant, however, has successfully complied with his burden under 20 C.F.R. § 422.210 (c) by making “a reasonable showing to the contrary.”
R.F. Vernon v. Margaret Heckler, Sec'y of Health & Human Servs., 811 F.2d 1274 (9th Cir. 1987). · cites it 2× “Vernon is presumed to have received the notice on August 29, see 20 C.F.R. § 422.210 (c), and he actually received the notice on or before August 31.”
Robert P. KINASH, Plaintiff-Appellant, v. John J. CALLAHAN, Comm'r of Soc. Sec., Defendant-Appellee, 129 F.3d 736 (5th Cir. 1997). · cites it 2× “20 C.F.R. § 422.210 (c). 5 . 20 C.F.R. § 422.”
Grant v. Berryhill, 695 F. App'x 592 (1st Cir. 2017). · cites it 3× “See 20 C.F.R. § 422.210 (c) (1997). At the same time, this regulation “creates a presumption that the date of receipt is five days after the date on the notice unless the claimant makes ‘a reasonable showing to the contrary.”
Julie Ashe v. Andrew Saul, 983 F.3d 1104 (9th Cir. 2020). · cites it 5× “The district court found that the declarations from plaintiff and her attorney were insufficient to rebut the presumption, set forth under 20 C.F.R. § 422.210 (c), that plaintiff received notice five days after the Appeals Council’s denial, triggering a 60-day deadline to file a…”
Cindy F. v. Berryhill, 367 F. Supp. 3d 1195 (D. Or. 2019). “AR 1-4; see also 20 C.F.R. § 422.210 (a). Plaintiff seeks judicial review of that decision.”
Andrew Bess v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 337 F.3d 988 (8th Cir. 2003). · cites it 2× “” See 20 C.F.R. § 422.210 (c); 20 C.F.R. §§ 404.”
Fletcher v. Apfel, 210 F.3d 510 (5th Cir. 2000). · cites it 2× ““The [Commissioner] pursuant to its authority under § 405(g) to allow ‘further time’ for the commencement of civil actions, promulgated 20 C.F.R. § 422.210 (c)”. McCall v. Bowen, 832 F.”
Bernardo A. Torres v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 417 F.3d 276 (2d Cir. 2005). “See 20 C.F.R. § 422.210 (c). Accordingly, Torres had every reason to believe that the lawyer was sensitive to the timing issue and would timely file the complaint.”
Show all 1,292 citing cases →
— 20 C.F.R. § 422.210(a) — 6 cases
Mahoney v. Comm'r of Soc. Sec. (W.D. Ky. 2021).
Pennington v. Comm'r of Soc. Sec. (W.D. Ky. 2021).
Hancock v. Comm'r of Soc. Sec. (W.D. Ky. 2022).
Henry v. Saul (D. Maryland 2022).
Martinez v. Soc. Sec. Admin. (D.N.M. 2023).
— 20 C.F.R. § 422.210(c) — 16 cases
Chiappa v. Califano, 480 F. Supp. 856 (S.D.N.Y. 1979).
Weber v. Holiday Inn, 42 F. Supp. 2d 693 (E.D. Tex. 1999).
Thibodeaux v. Bowen, 819 F.2d 76 (5th Cir. 1987).
Mitchell v. Champs Sports, 42 F. Supp. 2d 642 (E.D. Tex. 1998).
Roberts v. Shalala, 848 F. Supp. 1008 (M.D. Ga. 1994).
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