§ 405.1114 Dismissal of request for review.

The Council dismisses a request for review if the party requesting review did not file the request within the stated period of time and the time for filing has not been extended. The Council also dismisses the request for review if— (a) The party asks to withdraw the request for review; (b) The party does not have a right to request Council review; or (c) The beneficiary whose claim is being appealed died while the request for review is pending and all of the following criteria apply: (1) The request for review was filed by the beneficiary or the beneficiary's representative, and the beneficiary's surviving spouse or estate has no remaining financial interest in the case. In deciding this issue, the Council considers whether the surviving spouse or estate remains liable for the services that were denied or a Medicare contractor held the beneficiary liable for subsequent similar services under the limitation on liability provisions based on the denial of the services at issue; (2) No other individual or entity with a financial interest in the case wishes to pursue an appeal under § 405.1102; (3) No other party to the ALJ's or attorney adjudicator's action filed a valid and timely review request under §§ 405.1102 and 405.1112.