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

CURRENT

Form HA-2 (12-16)

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 (RRB). 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, Appeal Under the Railroad Retirement
Act, which is available at any office of the RRB.
The filing date of an appeal is the date it is
received in any office of the RRB. 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 it is found
that you have 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, who works in the RRB’s
Bureau of Hearings and Appeals, acts
independently 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 and will determine if a hearing is
necessary. Where the hearings officer finds 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 to the hearings
officer.
The hearings officer will send you a copy of the
written decision on your appeal as soon as the
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 (the Board), which heads the RRB. The
appeal must be filed on 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 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 Board.
Additions to the record may be allowed by the
Board in accordance with the RRB’s
regulations. No oral testimony is obtained at
this step in the appeals process.
A written decision will be sent to you after the
Board’s decision on your case is made.

Form HA-2 (12-16)

FEDERAL COURT REVIEW

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. If the
Board upholds the denial of your claim a
further appeal may be taken to federal court:


Under the Railroad Retirement Act, within
one year after the date of the Board’s
decision.



Under the Railroad Unemployment Insurance
Act, within ninety days after the date of
the Board’s decision.

The appeal 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.

ATTORNEYS’ FEES
The RRB does not set attorneys’ fees.


Under the Railroad Retirement Act, an attempt
by an attorney to collect a fee that is a gross
overpayment for the services rendered may
result in the RRB’s refusal to permit the
attorney to represent claimants in future
cases.



Under the Railroad Unemployment Insurance
Act, 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 RRB for approval.

The RRB will not deduct the amount of
attorneys’ fees from the accrued benefit due a
claimant.

NON-DISCRIMINATION
ON THE BASIS OF DISABILITY

All programs of the RRB, 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.
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 vision- and/or
hearing-impaired or those who have other
disabilities. Auxiliary aids will be used
where necessary. Appellants
requiring
special assistance should contact the
hearings officer to request such assistance.
Any complaints alleging violations of this
provision should be directed to:
Director of Administration
Railroad Retirement Board
844 Rush Street
Chicago, Illinois 60611-1275
Complaints must be in writing and 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.