---
kind: "section"
citation: "20 C.F.R. § 404.956"
title: "20"
number: "404.956"
heading: "Removal of a hearing request(s) to the Appeals Council."
url: "https://uscodex.org/cfr/20/404.956"
---

# §404.956. Removal of a hearing request(s) to the Appeals Council.

- (a) **Removal.** The Appeals Council may assume responsibility for a hearing request(s) pending at the hearing level of the administrative review process.
- (b) **Notice.** We will mail a notice to all parties at their last known address telling them that the Appeals Council has assumed responsibility for the case(s).
- (c) **Procedures applied.** If the Appeals Council assumes responsibility for a hearing request(s), it shall conduct all proceedings in accordance with the rules set forth in [§§ 404.929 through 404.961](/cfr/20/404.929..404.961.md), as applicable.
- (d) **Appeals Council review.** If the Appeals Council assumes responsibility for your hearing request under this section and you or any other party is dissatisfied with the hearing decision or with the dismissal of a hearing request, you may request that the Appeals Council review that action following the procedures in [§§ 404.967 through 404.982](/cfr/20/404.967..404.982.md). The Appeals Council may also decide on its own motion to review the action that was taken in your case under [§ 404.969](/cfr/20/404.969.md). The administrative appeals judge who conducted a hearing, issued a hearing decision in your case, or dismissed your hearing request will not participate in any action associated with your request for Appeals Council review of that case.
- (e) **Ancillary provisions.** For the purposes of the procedures authorized by this section, the regulations of [part 404](/cfr/20/part404.md) shall apply to authorize a member of the Appeals Council to exercise the functions performed by an administrative law judge under [subpart J of part 404](/cfr/20/part404-subpartJ.md).

## Notes

### Amendments

[85 FR 73157, Nov. 16, 2020]

### Authority

Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j), 221, 223(i), 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i), 425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

### Amendments

[85 FR 73157, Nov. 16, 2020]