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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Appealing an RRB Decision on a Claim

(Posted June 23, 2008)

Question 668: How can I appeal the RRB's "reconsideration" of my claim?

Answer: The Railroad Retirement Board affords each applicant certain rights to question and reverse decisions on the applicant's claim. There are strict and sometimes short deadlines, so you need to take immediate action to be sure your request falls within the time frames.

You have 60 days from the initial decision on your claim to request the first level of appeal, which is called "reconsideration."

If you are questioning an overpayment decision, you can request the RRB to consider waiving the recovery of the overpayment. You can also ask to have a "personal conference." These requests must be made within 30 days of the date of the overpayment notice letter.

If a reconsideration decision is unfavorable, you can appeal the decision to the RRB Bureau of Hearings & Appeals (an independent entity) to review your claim. The appeal must be filed within 60 days.

The next level of appeal is to the 3-person Railroad Retirement Board. It must be filed within 60 days.

Finally, the decision of the 3-person board can be taken to the U.S. Circuit Court of Appeals within one year.


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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