File Form HA-1
To begin the appeals process,
file an “Appeal Under the Railroad Retirement Act or the Railroad Unemployment
Insurance Act” (Form HA-1). You will be notified when your appeal has been
received. This usually happens within 2 to 3 weeks after you have mailed the
appeal. If you are not notified, contact the Bureau of Hearings and Appeals to find out if your appeal
was received. You can contact us by regular mail, e-mail or telephone.
Assigned to a
Hearings Officer
The appeal is then docketed and assigned to a hearings officer who will decide
whether or not the appeal is granted. Appeals are generally handled in the order
that they are received. The hearings officer will review your appeal and
determine if additional evidence is needed to make a decision. Should more
evidence be necessary, you will be contacted by mail and advised what evidence
is required and how it can be obtained. Any additional evidence should be
submitted to the hearings officer as soon as possible.
Appeals Hearing Scheduled
If, after examining all the available evidence, a decision cannot be made, a
hearing will be scheduled for your appeal. It is the hearings officer’s
responsibility to arrange for the hearing which will be held at a location near
your home.
Appeals Hearing
During an appeals hearing, the hearings officer asks the appellant questions
that are related to his or her appeal. Some appellants choose to hire an
attorney to represent them at these hearings. Appellants can hire legal
representation at any point during the appeals process. If the appellant has an
attorney, the attorney may also question the appellant. Any witnesses who have
been called to testify, such as vocational experts, are then questioned by the
hearings officer and the appellant and/or the attorney. The hearing ends with
the appellant and/or the attorney making a final statement if desired.
Decision
After the hearing, the hearings officer will consider all of the evidence,
including the testimony provided at the hearing. The hearings officer will then
issue a decision, usually within 60 days of the date of the hearing. Whether a
hearing is required or not, a decision is normally issued within 215 days (7
months) of when the appeal is filed. Favorable decisions, whether made with or
without a hearing, are forwarded to an adjudication unit for payment. If a
decision is unfavorable, you will be told how to contest the ruling.
You should direct any questions about your appeal to your hearings officer. |
