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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

I Don't Agree with RRB's Records - What to Do?

(Posted December 9, 1999)

Question 36: Do I have any recourse now for Rail Service credits I didn't get in 1961 when I was wrongfully held out of service for nine months? I had been discharged from Military Service and should have replaced a "junior" employee who took my job while I was in the Army. I tried to get credit in 1991, but the RRB told me it was too late because I had not protested within four years.

Answer: The simple answer is no, there is nothing you can do now to get credit for the nine months in 1961. See Q&A-20 of this column (click) for more discussion on correcting mistakes in RRB records within four years.

Rail workers need to be aware that timely action must be taken to protest RRB decisions. The RRB has an extensive review and protest process, but there are definite timelimits on using the tools available. It's always better to submit a letter of protest to protect your rights even if all of the evidence and documentation to prove your position is not yet available.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1997-2017 Robert S. Kaufman
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