---
kind: "section"
citation: "20 C.F.R. § 404.970"
title: "20"
number: "404.970"
heading: "Cases the Appeals Council will review."
url: "https://uscodex.org/cfr/20/404.970"
---

# §404.970. Cases the Appeals Council will review.

- (a) The Appeals Council will review a case at a party's request or on its own motion if—
  - (1) There appears to be an abuse of discretion by the administrative law judge or administrative appeals judge who heard the case;
  - (2) There is an error of law;
  - (3) The action, findings or conclusions in the hearing decision or dismissal order are not supported by substantial evidence;
  - (4) There is a broad policy or procedural issue that may affect the general public interest; or
  - (5) Subject to [paragraph (b)](#b) of this section, the Appeals Council receives additional evidence that is new, material, and relates to the period on or before the date of the hearing decision, and there is a reasonable probability that the additional evidence would change the outcome of the decision.
- (b) The Appeals Council will only consider additional evidence under [paragraph (a)(5)](#a-5) of this section if you show good cause for not informing us about or submitting the evidence as described in [§ 404.935](/cfr/20/404.935.md) because:
  - (1) Our action misled you;
  - (2) You had a physical, mental, educational, or linguistic limitation(s) that prevented you from informing us about or submitting the evidence earlier; or
  - (3) Some other unusual, unexpected, or unavoidable circumstance beyond your control prevented you from informing us about or submitting the evidence earlier. Examples include, but are not limited to:
    - (i) You were seriously ill, and your illness prevented you from contacting us in person, in writing, or through a friend, relative, or other person;
    - (ii) There was a death or serious illness in your immediate family;
    - (iii) Important records were destroyed or damaged by fire or other accidental cause;
    - (iv) You actively and diligently sought evidence from a source and the evidence was not received or was received less than 5 business days prior to the hearing; or
    - (v) **You received a hearing level decision on the record and the Appeals Council reviewed your decision.**
- (c) If you submit additional evidence that does not relate to the period on or before the date of the administrative law judge hearing decision as required in [paragraph (a)(5)](#a-5) of this section, or the Appeals Council does not find you had good cause for missing the deadline to submit the evidence in [§ 404.935](/cfr/20/404.935.md), the Appeals Council will send you a notice that explains why it did not accept the additional evidence and advises you of your right to file a new application. The notice will also advise you that if you file a new application within 6 months after the date of the Appeals Council's notice, your request for review will constitute a written statement indicating an intent to claim benefits under [§ 404.630](/cfr/20/404.630.md). If you file a new application within 6 months of the Appeals Council's notice, we will use the date you requested Appeals Council review as the filing date for your new application.

## Notes

### Amendments

[81 FR 90994, Dec. 16, 2016, as amended at 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

[81 FR 90994, Dec. 16, 2016, as amended at 85 FR 73157, Nov. 16, 2020]