Appeals Council (AC) Review - (Rev. 4, 07-18-03)

7570 - Appeals Council (AC) Review - (Rev. 4, 07-18-03) If the appellant is dissatisfied with an ALJ's decision, the party may request the Appeals Council (AC) to review the decision. The AC may, on its own motion, review an ALJ decision. The circumstances under which the AC will review an ALJ's hearing decision or dismissal are specified in 42 CFR 404.967. You are not considered a party. However, if you believe that an ALJ decision is in conflict with a statute/regulation, contact the RO by telephone and explain why you believe the decision is in error. If the RO agrees that the case should be referred to the AC, provide the RO with documentation, as quickly as possible (e.g., fax), that should be included in its protest to the AC. Work with the intermediaries in your State to ensure the immediate forwarding of the appropriate case files to the RO when it protests an inappropriate ALJ decision. The timeframe for submitting protests to the AC is very short because the AC has 60 days from the date of the ALJ decision/dismissal to issue notice of its intent to take jurisdiction in the case. The AC has requested that the ROs submit protests within 45 days of the date of the decision or dismissal to allow the AC adequate time for preparation, typing, and issuance of the notice once it has determined that its jurisdiction is appropriate. The AC may request information by telephone. You may send the records with no breach of confidentiality because they are being sent to another organization that is part of the Department of Health and Human Services. Honor all AC requests, and send the records as soon as possible (See 42 CFR 480.130 and 480.130(b)).