The Appeals Process

There are basically three main stages of a claim for Railroad Disability Annuity. The initial application, the Request for Reconsideration and the Request for a Hearing.

The Initial Application. This is your initial application for benefits. You may be applying for Occupational Disability or Total and Permanent Disability. The RRB field office will forward you claim to the RRB in Chicago, who will review your claim, and determine your eligibility to receive disability benefits. This initial process takes about 4 months. It is not unusual to be denied at this stage. If you are denied the RRB will send you a written notice explaining why you have been denied and that you can request "Reconsideration" if you disagree with the reason you were denied. You only have sixty days (60) days, from the date of your "first denial," to file your request for reconsideration. Should you miss any of the sixty day (60) deadlines, you will probably need to start the whole application process again, and possibly lose valuable benefits.

Under normal circumstances, you will not need an attorney at the initial application stage. However, if you are denied, you should immediately contact our office for assistance.

The Request for Reconsideration. Not to be confused with the "request for a hearing." This is a request for reconsideration of the initial denial. All that is required is a letter written by you saying you disagree with their decision. At this stage, additional evidence can be submitted and legal arguments can be made to the RRB to convince the RRB to reconsider their decision. This stage takes about another 3 to 4 months.

Unfortunately most people are, again, denied their benefits at this stage. We understand that to be turned down is disheartening. Please remember that you made this application because you were unable to work. If you stop your claim at this stage, you will still be unable to work. If you want to appeal, you have sixty days (60) from the date of the second denial to "request a hearing." You, or your attorney, must file an HA-1 form.

The Request for a Hearing. At this third stage, you will have a hearing at which you will appear to testify. Although you have an absolute right to represent yourself, the probability of you winning your benefits is greatly enhanced with adequate representation. The RRB will be well represented and this includes, generally, at least one expert that will testify at your hearing. It takes at least 12 months after they receive your request before a hearing is set. The hearings are set at the local RRB field office, if there is one within 75 miles of where you live. If not, the hearings are usually set at the nearest Federal Building available, or in a conference room at a local hotel.
PAYMENT OF RRB If you receive a favorable decision, you will receive a written decision in the mail General Rule. Generally, the earliest beginning date permitted by law is the latest of the following:

• The first day of the 12th month before the month in which the RRB received your annuity application, or
  
  
• the first day of the month following the "disability annuity waiting period"

The "disability annuity waiting period." A waiting period must be completed before your annuity can begin. The waiting period ends the last day of the 5th month after the month your disability began.

For Example: Let's say a person becomes disabled January 10, 2004. He applies for a disability annuity on March 5, 2006. The waiting period ends on the last day of June, 2004 (last day of 5th month after disability began). However, the annuity payments cannot begin until March 1, 2005 (the first day of the 12th month before the month the RRB received the application.)