FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 1 of 13

Regulations provide for the right to appeal certain initial Office of Programs (OP) 

decisions, and prescribe time limits for asserting those rights. 

NOTE: Individuals may retain an attorney to represent them in a reconsideration or an 

appeal if they so wish. However, the attorney's fees are the responsibility of the 

individual. There is no provision in the Railroad Retirement Act (RRA) for payment of 

attorney's fees by the RRB, nor will the RRB award a portion of any accrual granted as 

a result of reconsideration or an appeal directly to an attorney. 

In general, the procedure for the administrative appeal of initial OP decisions dated 

August 24, 1982, and later, provides for a formal three-stage review and appeals 

process. 

The three stages and time limits are capsulated as follows: 

1. Reconsideration - An individual has 60 days from the date of the initial notice of a 

decision to file a request for a reconsideration of the initial decision. 

Failure to request reconsideration within the time allotted, will result in forfeiture 

of further appeal rights. See FOMI 1225.10.2 and 140.20.2 for additional 

information. 

2. Appeal to the Bureau of Hearings and Appeals (BHA) - An individual has 60 days 

from the date of the notice of the reconsideration decision to file an appeal to 

BHA. Any written request stating an intent to appeal which is received within the 

60-day period will protect the individual’s right to appeal, provided that the 

individual files the HA-1 within the later of the 60-day period following the date of 

the reconsideration decision, or the 30-day period following the date of the letter 

sending the HA-1 to the individual. 

3. Appeal to Board - An individual has 60 days from the date of the notice of the 

hearings officer's decision to file an appeal to the Board. Any written request 

stating an intent to appeal which is received within the 60-day period will protect 

the individual’s right to appeal, provided that the individual files the appeal form 

within the later of the 60-day period following the date of the hearings officer’s 

decision, or the 30-day period following the date of the letter sending the form to 

the individual.

After all administrative remedies within the RRB are exhausted an individual may file an 

appeal to a court of competent jurisdiction. Such an appeal must be filed within one 

year of the RRB's final decision notice. 

140.5 Decisions Which Can Be Questioned Or Appealed 

An individual has the right to question or appeal OP initial decisions in the following 

areas: 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 2 of 13

• Applications for benefits or HI/SMI. 

• Initial determinations of HI/SMI effective dates. 

• Withdrawal of an application. 

• Change in an annuity beginning date or HI/SMI effective dates. 

• Termination of an annuity. 

• Termination of HI/SMI coverage (except death and voluntary terminations). 

• Adjustment in an annuity rate or lump-sum amount. 

• Reinstatement of an annuity. 

• Existence and recovery of an overpayment. 

• Eligibility for and amount of a supplemental annuity. 

• Whether a representative payee should be appointed for an annuitant. 

• Who shall be appointed or continue to be recognized as representative payee for an 

annuitant. This decision can be appealed by the annuitant, not by the individual 

filing an application as representative payee. 

• Award of Canadian HI payments. 

140.10 Who May/May Not Request Reconsideration Or Appeal 

Every annuitant has the right to file a request for reconsideration or an appeal of an 

initial OP decision, with the following exceptions: 

1. An individual under age 18 does not have the right to reconsideration of a finding 

of incapacity to manage his or her annuity payments, but does have the right to 

contest the finding that he or she is, in fact, under age 18. 

2. An individual who has been declared legally incompetent does not have the right 

to reconsideration of a finding that he or she is incapable of managing annuity 

payments, but does have the right to contest the fact of having been adjudged 

legally incompetent. 

3. An individual does not have the right to reconsideration of a denial of an 

application to serve as representative payee on behalf of an annuitant. 

4. An individual does not have the right to reconsideration when partial withholding 

or actuarial adjustment is implemented in the same amount the individual 

previously agreed to. 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 3 of 13

5. An individual does not have the right to reconsideration when the annuity rate is 

being adjusted to remove partial withholding unless the rate is also being 

adjusted for some other reason. 

6. An individual does not have the right to reconsideration when the annuity is being 

reinstated after overpayment recovery by full withholding unless the annuity rate 

is being adjusted for some other reason. 

7. An individual does not have the right to reconsideration on withholding made for 

a garnishment or legal partition. With respect to legal partitions, a state court’s 

decision to allocate a portion of an employee’s divisible benefits under the RRA 

as a property award is not a matter which can be appealed. However, the 

computation of the award can be appealed.

8. An individual does not have the right to reconsideration of the adjustment to the 

annuity to collect or adjust the amount of SMI premiums. 

140.15 Release Of Initial Decision Notices 

Each written notice of initial decision contains information about the annuitant's or 

applicant's right to a reconsideration and appeal of the decision. Reconsideration and 

appeal information is usually provided in the body of the initial decision notice. In 

overpayment situations, reconsideration and appeals rights are usually provided on an 

enclosure with the initial decision notice.

The reconsideration and appeals wording for initial notices involving decisions other 

than overpayments is as follows: 

"If you believe that this decision is not correct, you may request that the decision be 

reconsidered. If you wish this reconsideration, you must request it in writing and your 

request must be received by the RRB within 60 days from the date of this notice. You 

may send your request to any field office of the Railroad Retirement Board, or you may 

send it directly to the following address: Railroad Retirement Board, Reconsideration 

Section, 844 North Rush Street, Chicago, Illinois 60611-2092. If you have any 

additional evidence to be considered, please include it with your request. 

"If you disagree with the reconsideration decision, you may then appeal to the Bureau of 

Hearings and Appeals within 60 days from the date of the reconsideration decision. 

"If you do not request reconsideration within 60 days from the date of this notice, you 

may not file an appeal at a later date." 

The reconsideration and appeals wording which accompanies OP decisions involving 

overpayments where no current entitlement exists is as follows: 

“If you do not believe that you have been overpaid, or if you believe that the amount of 

the overpayment is wrong, you may ask us to review the facts of your claim. Please 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 4 of 13

indicate the reason why you would want a review of the facts and submit any evidence 

you may have to support your belief. Your request for a review of the facts must be 

received at an office of the RRB within 60 days from the date of the accompanying 

letter”.

“If you believe that you should not have to repay the benefit payments made in error, 

you may request us to waive recovery of the overpayment. However, we may consider 

waiving recovery of the overpayment only if:

• You were not at fault in causing the overpayment, and

• Recovery would prevent you from meeting your ordinary and necessary living 

expenses or recovery would be unfair for some other reason.

If you request us to consider waiving the repayment you will need to furnish us with 

information detailing your living expenses and your assets. This information must be 

submitted for a waiver to be considered. Your request for a waiver of recovery must be 

received within 60 days after the date of the accompanying letter”.

The rights afforded beneficiaries in overpayment decisions where current entitlement 

exists are contained in Form G-66, which is enclosed with such decisions. 

140.20 Filing For Rights Consideration 

The filing date of a reconsideration request, Form G-66a, or a Form HA-1 is the earlier

of: 

• The date it is received at an RRB office; or 

• The date it is received by an employee of the RRB who is authorized to receive it at 

a place other than one of the RRB offices.

If using the date the RRB receives the reconsideration request would result in the loss 

or lessening of rights, the RRB will also accept as the date of filing the date a document 

or form is mailed to the RRB by the United States mail. Use the date shown by a U.S. 

postmark as the date of mailing. Always attach the envelope to all reconsideration and 

appeal requests.

If someone contacts you claiming to have filed a reconsideration request but you have 

no record of the request, take the following action: 

1. If the rights period has expired, follow the instructions in FOM1 140.20.2 for late 

filing. 

2. If the rights period has not expired or you cannot determine the rights period, 

suggest that another request be filed to insure that the desired rights are 

protected. 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 5 of 13

140.20.1 Filing Late for Rights Consideration 

Late filing will only be allowed in situations where good cause for the delay is evident. In 

determining whether good cause for the delay exists, the circumstances which kept the 

annuitant from filing the request timely, and any action by the RRB which misled the 

annuitant, are considered. 

Some examples of circumstances in which good cause may exist are: 

• Serious illness prevented the annuitant from contacting the RRB in person, in 

writing, or through a friend, relative or other person; 

• A death or serious illness in the annuitant's immediate family prevented timely filing; 

• Important and relevant records were destroyed; 

• Failure to be notified of a decision; 

• An unusual or unavoidable circumstance existed which demonstrates that the 

annuitant could not have known of the need to file timely or which prevented the 

claimant from filing in a timely manner;-. 

• The annuitant thought that his or her representative had requested reconsideration.

140.20.2 Requests Filed Late - Field Office Handling 

If you receive a late request for a review of the facts (overpayment cases), waiver, 

personal conference, or an appeal form, obtain a signed statement from the claimant 

explaining the cause for the delay. Any documentation the claimant has to substantiate 

good cause for failing to make a timely request should also be secured. 

If you receive a late request for a review of facts, personal conference or waiver, it is the 

field office's responsibility to determine if good cause for delay is evident 

(FOM1 140.20.1 lists circumstances in which good cause may exist). 

If a good cause is evident, complete a RRAILs Form G-180D and attach the supporting 

documents (the reason for the delay statement from the annuitant and a statement 

which summarizes your reasoning for finding good cause) before electronically 

forwarding the documentation to the appropriate department, depending on which rights 

were chosen.

The below outlines which section to send beneficiary requests: 

• Requests for review of the facts - send to the Reconsideration Section (RECON) at 

RECONReconsiderationSectionGroupMailbox@rrb.gov. 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 6 of 13

NOTE: Send to the Medicare Unit, MedicareGroupMailbox@rrb.gov, if a review of 

the facts is for an arrearage.

• Requests for waiver - send to the BFO-DRS’ group mailbox, 

BFODebtRecoveryWaiverGroup@rrb.gov, unless the waiver request is for a 

Medicare Part B arrearage. Waiver requests for Medicare Part B arrearages are to 

be sent to the Medicare Unit (MU). MU will forward the request to BFO-DRS after 

verifying that the request should go to them, and input the date in which the 

beneficiary requested the waiver in the System for Offset and Administrative 

Recovery (SOAR). 

NOTE: Request for both review of the facts and waiver are to be sent to RECON. 

• Request for personal conference in conjunction with review of the facts - send to 

RECON. 

• Request for personal conference in conjunction with a waiver – send to BFO-DRS. 

• Request for personal conference in conjunction with review of the facts and waiver - 

send to RECON. 

• Requests for appeal - send to the Bureau of Hearings and Appeals (BHA). 

If good cause is not evident, the field office is responsible for releasing a denial letter to 

the annuitant. The letter must include reconsideration rights. 

140.20.3 Requests Filed Late - OP Handling 

When a late request is received directly in Headquarters a letter will be released to the 

claimant. This letter acknowledges that the reconsideration request was received and 

advises the individual requesting reconsideration what they must do if they believe there 

was good cause for late filing and wishes to pursue the reconsideration request. No 

action by the field office is necessary in this type of case unless the individual contacts 

the field office for assistance. Headquarters will contact the field office to secure other 

information, if needed. 

140.25 Reconsiderations 

An individual making an inquiry about filing an appeal of an Office of Programs (OP) 

decision should be questioned about the type of decision made in their case, to prevent 

an unnecessary letter of protest or appeal. 

An explanation of the decision may satisfy the inquirer. For instance, an annuitant who 

is receiving a partial annuity should be informed that they have no right to appeal except 

with respect to those facts which have been finally determined in their case (e.g., an 

applicant's age, disability, etc.).
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 7 of 13

If the explanation does not satisfy the inquirer and the individual had not previously 

questioned the decision or you have no record of a reconsideration request, secure a 

signed statement requesting reconsideration of the decision.

NOTE: To determine if there is an active or completed reconsideration on a given case, 

check Universal STAR (USTAR). Work items in USTAR have a 6-character Category 

Code as described in FOM1 15120.5.5. The Category Codes used for reconsiderations 

handled by the Reconsideration Section are listed below:

First 3 USTAR 

Category Code

characters

Second 3 

USTAR Category 

Code characters

RDI any 3 characters 

EXCEPT 00D

Disability reconsideration request (See 

FOM1 1310.25)

RME 00R Medicare reconsideration request

RRE any 3 characters 

EXCEPT 00D

Retirement reconsideration request

RSE any 3 characters Service and compensation reconsideration 

request

RSI any 3 characters 

EXCEPT 00D

Sickness Insurance reconsideration request

RSU any 3 characters 

EXCEPT 00D

Survivor reconsideration request

RUN any 3 characters 

EXCEPT 00D

Unemployment Insurance reconsideration request

Reconsideration requests undergoing active review do not have a date in the “Complete 

Dt” column. 

140.25.1 Field Office Handling of Reconsideration Requests 

Every annuitant, applicant, or payee must request reconsideration of an initial OP

decision as the first step in the formal appeals process. Such a request for 

reconsideration must be filed within 60 days after the date of the initial decision notice 

unless good cause can be established for failure to file a timely request. 

EXCEPTION: In initial decisions involving an overpayment where the overpaid person 

has current entitlement, Form G-66a must be completed to request a review of the 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 8 of 13

facts, waiver, and/or personal conference. The Form G-66a must be completed and 

returned within 60 days after the date of the overpayment notice. 

If the individual fails to make a timely request for reconsideration and good cause is not 

evident, they forfeit the right to pursue any other step in the appeals process. They can, 

however, request reconsideration of a decision regarding untimely filing. 

NOTE: Waiver requests are an exception to this rule. BFO-DRS will consider a waiver 

request received at any time. However, if the request is received after 60 days and 

good cause for the delay is not established, recovery of the overpayment will continue 

while the request is being considered and amounts recovered prior to the request will 

not be waived. See FOM1 1225.15.3 and 1225.15.4 for additional information.

The statement should indicate that reconsideration is being requested; however, a 

statement that does not specifically refer to reconsideration by name is acceptable. Do 

not use an appeal form to request reconsideration. If by mistake a Form HA-1 is filed 

before a reconsideration decision has been made, the Form HA-1 will serve as a 

request for reconsideration. 

See FOM1 1225 for detailed instructions on handling overpayment reconsiderations. 

140.25.1.1 Handling Reconsideration Requests Involving Disability

When reconsideration of a disability denial is being requested, submit any applicantsource medical or non-medical evidence the individual has (if any), along with the 

statement directly to the Reconsideration Section (RECON) in a plain white envelope. 

Always attach the envelope to all reconsideration requests. See FOM1 140.20. Do not

get an RRB examination. When RECON determines whether an examination should be 

authorized at RRB expense, an assignment will be sent to schedule an examination.

140.25.1.2 Handling Reconsideration Requests NOT Involving Disability

When a non-disability reconsideration request is received in the field office, the claims 

representative should have the request and the envelope imaged. Release an E-mail to 

RECON advising them that the request is on imaging. RECON does not currently have 

a notification process in place when a document is scanned to imaging.

As an acceptable alternative, you may send the reconsideration request and envelope 

to RECON in a plain white envelope labeled “DO NOT OPEN IN MAILROOM”. See 

FOM1 140.20. 

140.25.2 Handling of Reconsideration Requests in Headquarters 

The reconsideration section prepares reconsideration decisions in all cases. If a 

reconsideration request is made with an accompanying waiver request, RECON will 

handle the reconsideration, and when necessary, send the waiver request to the BFO-DRS. 

All waiver requests are exclusively handled by BFO-DRS. If RECON affirms the initial 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 9 of 13

decision, a preliminary notice without appeals rights is released to the individual. The 

individual is advised that the waiver will be handled elsewhere and a final decision 

notice with full appeal rights will be forthcoming.

If a reconsideration request is made for a finding that a previous reconsideration request 

was not filed timely, the reconsideration of this issue is done in headquarters. If the 

decision regarding untimely filing is reversed, reconsideration of the initial decision will 

proceed. 

If after reconsideration the initial decision is determined to be incorrect, Recon will take 

corrective action. If the reconsideration decision reaffirms the initial decision, a notice 

advising of such will be prepared. The notice will include a paragraph advising the 

individual of his right to appeal the reconsideration decision. 

NOTE: RECON will release Form Letter RL-185 a, b, c, d or Form Letter RL-211a to an 

individual upon receipt of a timely request for reconsideration. The form letter used 

depends on the type of decision to be reconsidered. This notice acknowledges that the 

request was received timely and will be handled as soon as possible. No further action 

is required by the annuitant. 

Form Letter RL-185e will be released to the individual if the request for reconsideration 

was not received timely. The individual will be advised what they must do if they believe

there was good cause for late filing. 

Recon will request additional information if necessary. This should eliminate duplicate 

and status inquiries. 

140.30 Appeal Of Reconsideration Decisions 

An appeal of an unfavorable Recon reconsideration decision must be received at an 

RRB office within 60 days after the date of the reconsideration decision. 

140.30.1 Field Office Handling of Appeals 

If the individual has received a reconsideration notice and wishes to appeal the decision 

to the Bureau of Hearings and Appeals (BHA), furnish him with Form HA-1, Claimant 

Appeal Under Railroad Retirement Act or Railroad Unemployment Insurance Act, and 

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

Unemployment Insurance Act. Advise the individual to complete Form HA-1 and return 

it to the RRB within 60 days after the date of the reconsideration decision. 

Form HA-1 may be filed officially at either a field office or at Headquarters. A copy of 

Form HA-1 and the envelope with postmark should be imaged when the HA-1 is 

received by headquarters or field office personnel. The original Form HA-1 and 

envelope should be forwarded to Recon in those cases where the applicant or annuitant 

is requesting reconsideration, or Hearings and Appeals in those cases where the 

applicant or annuitant is appealing a reconsideration decision.
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 10 of 13

If you receive a completed Form HA-1, date stamp it to protect the individual’s time limit 

for filing an appeal. Mail Form HA-1 to the Bureau of Hearings and Appeals in a white 

envelope. Include any additional evidence the individual may supply, but do not hold 

Form HA-1 pending receipt of additional evidence. If the individual plans to submit 

additional evidence, annotate the Form HA-1 with that information. 

NOTE: Any written request stating an intent to appeal which is received within the 60-

day period will protect the individual’s right to appeal, provided that the individual files 

Form HA-1 within the later of the 60-day period following the date of the reconsideration 

decision, or the 30-day period following the date of the letter sending the HA-1 to the 

individual. Therefore, the written request and accompanying envelope with postmark 

must be imaged when received by headquarters or field office personnel. In addition, 

forward the original HA-1 and envelope to OP-Recon or BHA, as appropriate.

When a claimant or someone acting on the claimant's behalf asks a field office for 

information regarding a BHA case: 

• Advise the individual making the request that someone will get back to him/her with 

a response. 

• Send BHA an EMAIL stating the nature of the information requested along with the 

name, mailing address, and telephone number of the individual making the request. 

• The field office will be sent a copy of any written response. 

• If the inquiry is from a Congressional office, BHA will either respond directly in 

writing, with a copy to the field office, or will provide the field office information it can 

use to respond to the inquiry. 

No field service employee should make direct phone contact with any BHA hearings 

officer to secure specific information on a claim. 

This procedure does not relate to instances where evidence is being obtained or 

submitted. BHA will continue to request field offices to obtain needed evidence, and 

evidence should be submitted in the same manner as it has in the past. 

Send material relating to a pending BHA appeal in an envelope addressed to BHA; 

send material not relating to the appeal (e.g., changes of address) through regular 

channels.

140.30.2 BHA’s Handling of Appeals of Reconsideration Decisions

When an appeal is filed, it is "docketed" and the Director of BHA assigns a hearings 

officer to act on the appeal. If the hearings officer determines that a revision, partially or 

wholly favorable of an initial decision on an appeal can possibly be made because of 

additional evidence which was submitted at the time of or subsequent to the appeal, the 

case will be referred back to Recon. The case also will be referred back to Recon if the 
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 11 of 13

hearings officer determines that the decision can possibly be changed upon 

reconsideration of the facts or if additional evidence is available and should be secured.

Cases in which BHA reverses OP's reconsideration decision are routed to the 

appropriate adjudication unit for handling.

If Recon's reconsideration decision is upheld by BHA, the hearings officer will notify the 

applicant in writing. Any correspondence received subsequent to the hearings officer's 

decision, which deals further with the merits of the claim, will be handled by BHA.

140.35 Appeal To The Board Of BHA Hearings Officer's Decision

If an individual wishes to appeal a decision made by a hearings officer, furnish them

with a Form HA-1. Advise the individual to complete Part B of the form. Further advise 

that the completed form must be received at an RRB office within 60 days after the date 

of the hearings officer's decision. Any written request stating an intent to appeal which 

is received within the 60-day period will protect the individual’s right to appeal, provided 

that the individual files the appeal form within the later of the 60-day period following the 

date of the hearings officer’s decision, or the 30-day period following the date of the 

letter sending the form to the individual.

Where a timely appeal seeking waiver of recovery of an erroneous payment has been 

filed with the three-member Board, the Board shall not commence recovery of the 

erroneous payment by suspension or reduction of a monthly benefit payable by the 

Board until a decision with respect to such appeal seeking waiver has been made and 

notice thereof has been mailed to the individual.

The Board can, on its own motion, review the hearings officer's decision in any case. In 

doing so, the Board may designate any RRB employee to secure additional evidence 

and report the findings.

If the Board reverses the hearings officer's decision, the Board will refer the case to the 

office of the Director of OP. The case is then referred to the appropriate unit for 

handling.

If the Board upholds the BHA hearings officer's decision, the Board will notify the 

appellant. Any subsequent correspondence which deals further with the merits of the 

claim will be referred with the claim folder to the Board Members' offices for attention. 

Send inquiries relating to a pending Board appeal to the Office of the Secretary of the 

Board; send material not relating to the appeal through regular channels.

140.40 United States Court Of Appeals

An individual contemplating filing a suit against the Board should be advised to first 

exhaust the administrative appellate procedures within the RRB.
FOM1 140

FOM1 140 Appeals Revised June 15, 2023 Page 12 of 13

If, after doing so, the individual is dissatisfied with the Board's final decision, they can 

file civil suit in the U.S. Court of Appeals in the circuit in which they live, in the U.S. 

Court of Appeals for the Seventh Circuit (which has jurisdiction over the area of the 

Board's headquarters), or in the U.S. Court of Appeals for the District of Columbia. The 

suit must be filed within one year from the date of the Board's decision notice.

Once such a petition is filed, the court has exclusive jurisdiction over the proceeding 

and of the issue(s) to be resolved. The court can issue a decree affirming, modifying, or 

reversing the decision of the Board.