---
kind: "section"
citation: "42 C.F.R. § 426.480"
title: "42"
number: "426.480"
heading: "Withdrawing an appeal of an ALJ's decision."
url: "https://uscodex.org/cfr/42/426.480"
---

# §426.480. Withdrawing an appeal of an ALJ's decision.

- (a) **Withdrawal of an appeal of an ALJ's decision.** A party who filed an appeal of an ALJ's decision may withdraw the appeal before the Board issues a decision regarding the ALJ's decision.
- (b) **Process of withdrawing an appeal of an ALJ's decision.** To withdraw an appeal of an ALJ's decision, the party who filed the appeal must send a written notice announcing the intent to withdraw to the Board and to any other party.
- (c) **Actions the Board must take upon receiving a notice announcing the intent to withdraw an appeal of an ALJ's decision—**
  - (1) **Appeals involving one aggrieved party, or initiated by CMS or a contractor.** If the Board receives a notice withdrawing an appeal of an ALJ's decision before the Board has issued its decision, the Board must issue a decision dismissing the appeal.
  - (2) **Appeals involving joint complaints.** If the Board receives a notice withdrawing an appeal from an aggrieved party who is named in a joint appeal before the Board issues its decision, the Board must issue a decision dismissing only that aggrieved party from the appeal. The Board must continue its review of the ALJ's decision for the remaining aggrieved party or parties.

## Notes

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

### Source

Source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.