Notification of the 2023 Dollar Amount in Controversy Required to Sustain Appeal Rights for an Administrative Law Judge (ALJ) Hearing or Federal District Court Review
Section 1869(b)(1)(E) of the Social Security Act (the Act), as amended by Section 940 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), requires an annual reevaluation of the dollar amount in controversy required for an Administrative Law Judge (ALJ) hearing or Federal District Court review.
The amount in controversy is adjusted by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) for July 2003 to the July preceding the year involved. Any amount that is not a multiple of $10 will be rounded to the nearest multiple of $10.
- ALJ Hearing Requests — The amount that must remain in controversy for ALJ hearing requests filed on or before December 31, 2022, is $180. This amount will remain at $180 for ALJ hearing requests filed on or after January 1, 2023.
- Federal District Court — The amount that must remain in controversy for reviews in Federal District Court requested on or before December 31, 2022, is $1,760. This amount will increase to $1,850 for appeals to Federal District Court filed on or after January 1, 2023.