28 C.F.R. Pt. 32, App.
Appendix To Part 32-PSOB Hearing and Appeal Procedures
A. Notification to Claimant of Denial
Appeal procedures apply to a claimant's request for reconsideration of a denial made by the Public Safety Officers' Benefits (PSOB) Office. The denial letter will advise the claimant of the findings of fact and conclusions of law supporting the PSOB Office's determination and of the appeal procedures available under Section 32.24 of the PSOB regulations (Section 32.39 of the PSOEA regulations). For PSOB denials, a copy of every document in the case file that (1) contributed to the determination and (2) was not provided by the claimant shall also be attached to the denial letter, except where disclosure of the material would result in a clearly unwarranted invasion of a third party's privacy. The attached material might typically include medical opinions offered by the Armed Forces Institute of Pathology or other medical experts, legal memoranda from the Office of General Counsel of the Office of Justice Programs, or memoranda to the file prepared by PSOB Office staff.
B. Receipt of Appeal
1. When an appeal has been received, the PSOB Office will assign the case and will transmit the complete case file to a hearing officer. Assignments will be made, in turn, from a standing roster, except in those cases where a case is particularly suitable to a specific hearing officer's experience.
2. The PSOB Office will inform the claimant of the name of the hearing officer, request submission of all evidence to the hearing officer, and send a copy of this appeals procedure. If an oral hearing is requested, the PSOB Office will be responsible for scheduling the hearing and making the required travel arrangements.
