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Appealing a Claim Denial
(Posted April 23, 2004)
Question 436: What is the filing limitation of a claim? If the claim is denied, what is the deadline for filing an appeal?
Answer: Persons claiming retirement, disability or survivor as well as unemployment or sickness benefits from the Railroad Retirement Board have the right to appeal unfavorable determinations on their claims.
For all claims under the Railroad Retirement and Railroad Unemployment Insurance Acts, there is a 3-stage review and appeals process within the Railroad Retirement Board.
Persons dissatisfied with the initial decision on their claims may first request reconsideration from the Board unit that denied their claims. An individual has 60 days from the date of the initial denial notice to file a written statement requesting reconsideration.
In cases involving overpayments, requests for waiver of recovery of the overpayment must be filed within 60 days of the date of the overpayment notice. In such cases, recovery of the overpayment will be deferred and a personal conference is held if requested. A request for waiver received after 60 days will be considered but will not defer collection of the overpayment, and any amount of the overpayment recovered prior to the date on which the waiver request is filed will not be subject to waiver.
If dissatisfied with the reconsideration or waiver decision on a retirement, disability, survivor or unemployment-sickness claim, a person may appeal to the Railroad Retirement Board's Bureau of Hearings and Appeals, which is independent of those units responsible for reconsideration decisions. An appellant has 60 days from the date of the reconsideration or waiver decision notice to file this appeal. An oral hearing may be held under certain circumstances. This hearing may be in person or conducted by telephone.
If not satisfied with the Bureau of Hearings and Appeals' decision, an appellant may further appeal to the 3-member Board. Sixty days from the date of the notice of the Bureau of Hearings and Appeals' decision are allowed for filing this appeal. The 3-member Board will base its decision on the evidence before the hearings officer. The 3-member Board ordinarily will not accept additional evidence or conduct a hearing.
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