Form HA-2 (06-21)

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, Claimant

Appeal Under the Railroad Retirement Act or 

Railroad Unemployment Insurance 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. 

FILING APPEALS

UNDER THE RAILROAD RETIREMENT ACT AND 

THE RAILROAD UNEMPLOYMENT INSURANCE 

ACT 
Form HA-2 (06-21) 

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.