Form HA-2, Procedures Governing Appeals Under the Railroad Retirement Act and Railroad Unemployment Insurance Act

RRB FORM HA-2 (2-98)

FILING APPEALS
UNDER THE RAILROAD RETIREMENT ACT AND
THE RAILROAD UNEMPLOYMENT INSURANCE ACT

YOUR RIGHT TO BE REPRESENTED --

You have the right to be represented by a qualified
person of your choice in dealing with the Railroad
Retirement Board. If you prefer a legal
representative but have difficulty finding one or
cannot afford one, you should ask your local bar
association or legal aid society about obtaining the
services of an attorney. You and your
representative will receive notices of all decisions
on your claim.
APPEAL OF A RECONSIDERATION
DECISION --

If you want to appeal a reconsideration decision,
you must do so within 60 days of the date the
reconsideration decision was mailed to you. The
appeal must be filed on RRB Form HA-1 which is
available at any office of the Railroad Retirement
Board. The filing date of an appeal is the date it is
received in any office of the Board. You will lose
your right to appeal if you do not file the form
within the 60 day period. A hearings officer may
waive the timeliness requirement if he or she finds
you had good cause for not filing the form timely.
After your appeal form HA-1 is received, a
hearings officer will be assigned to your appeal.
The hearings officer assigned to your appeal works
in the Railroad Retirement Board's Bureau of
Hearings and Appeals and had no part in the first
decision or the reconsideration decision of your
case.
You will be given the opportunity to submit
additional evidence after your appeal is received.
The hearings officer may also develop additional
evidence. The hearings officer will determine if a

hearing is necessary. Where the hearing officer
frnds that the issues raised by your appeal can be
resolved without a hearing, no hearing will be held
but you or your representative will be given the
opportunity to comment on the evidence that will
be evaluated by the hearings officer and you may
submit a written argument.
If a hearing is held, you and your representative, if
you have one, will be notified in advance of the
date, time, and place of the hearing. The hearings
officer will ask you questions and may question any
witnesses you bring to the hearing. You will have
the opportunity to explain your case in person to
the hearings officer.
The hearings officer will send you a copy of the
written decision on your appeal as soon as his or
her evaluation is completed.
APPEAL OF A HEARINGS OFFICER'S
DECISION -If you want to appeal a hearings officer's decision,
you must appeal to the three member Board which
heads the Railroad Retirement Board within 60
days of the date of the notice of the hearings
officer's decision. The appeal must be filed on
RRB Form HA-1 within 60 days of the date the
hearings officer's decision was mailed to you or
you will lose your right to appeal. The three
member Board may, however, waive the
timeliness requirement if they find you had good
cause for not filing the form timely. The decision
of the Board will generally be made based upon the
evidence in the record used by the hearings officer.
You do not have the right to submit additional
evidence to the three member Board. Additions to
the record may be allowed by the Board in
accordance with the Board's regulations. No oral
testimony is obtained at this step in the appeals

process.
A written decision will be sent to you afier the
Board's decision on your case is made.
FEDERAL COURT REVIEW --

Under either Act, the Board will not deduct the
amount of attorneys' fees fiom the accrued benefit
due a claimant.
NON-DISCRIMINATION ON THE BASIS O F
DISABILITY --

There are different time limits under the Railroad
Retirement Act and the Railroad Unemployment
Insurance Act to appeal a decision of the Board to
federal courts.

All programs of the Railroad Retirement Board,
including the appeals process, are governed by the
provisions of Section 504 of the Rehabilitation Act
of 1973, as set forth in Part 365 of the agency's
regulations.

Under the Railroad Retirement Act, if the Board
upholds the denial of your claim, a hrther appeal
may be taken to federal court within one year
afier the date of the Board's decision. This may be
done by filing a petition for review in the U.S.
Court of Appeals for the circuit in which you
reside, or the U.S. Court of Appeals for the
Seventh Circuit or the U.S. Court of Appeals for
the District of Columbia.

The hearings officer, in the conduct of a hearing
and the making of the decision in an appeal under
either Act, shall ensure effective communication
with all appellants, including those who are visionimpaired, hearing-impaired or have other
disabilities. Auxiliary aids will be used where
necessary. Appellants requiring special assistance
should contact the hearings officer to request such
assistance.

Under the Railroad Unemployment Insurance Act,
if the Board upholds the denial of your claim, a
hrther appeal may be taken to federal court within
ninety days after the date of the Board's decision.
This may be done by filing a petition for review in
the U.S. Court of Appeals for the circuit in which
you reside, or the U.S. Court of Appeals for the
Seventh Circuit or the U.S. Court of Appeals for
the District of Columbia.

Any complaints alleging violations of this provision
should be directed to the Director of
Administration, Railroad Retirement Board, 844
Rush Street, Chicago, Illinois 6061 1. Complaints
must be filed within 90 days of the alleged act of
discrimination. Questions regarding individual
rights under this provision may be directed to the
Director of Equal Opportunity at the above
address.

ATTORNEYS' FEES -Under the Railroad Retirement Act, the Board does
not set attorneys' fees. However, an attempt by an
attorney to collect a fee that is a gross overpayment
for the services rendered may result in the Board's
rehsal to permit the attorney to represent claimants
in hture cases with the Board.
Under the Railroad Unemployment Insurance Act,
the Board does not set attorneys' fees but after the
amount of the fee to be charged has been agreed
upon by you and your attorney, the fee agreement
must be submitted to the Board for approval.