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6.1.1 Scope of Chapter

This chapter covers the processing and disposition of requests for reconsideration and 

appeals of initial decisions made by the Office of Programs (OP) under the RR Act. See 

RCM 6.2.1 for the definition of an initial decision.

6.1.2 Right to Request Reconsideration

Every annuitant has the right to file a request for reconsideration of an initial OP 

decision (a partial award is not considered to be an initial 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 adjudged legally incompetent by a court 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 fact of his or her having 

been adjudged legally incompetent;

(3) An individual does not have the right to reconsideration of a denial of his or her 

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;

(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; and

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

a garnishment or legal partition.

(8) A person (other than a representative payee) who wrongfully negotiated a check 

or withdrew payments from a joint account after the employee’s death is not 

entitled to waiver consideration or a personal conference.

(9) An individual does not have the right to reconsideration when the annuity is being 

adjusted because of a Medicare premium adjustment.
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6.1.3 Summary of Appeals Procedure

Outlined below are the basic steps in the appeals procedure for all initial decisions 

except for overpayment decisions. The appeals procedure for an overpayment decision 

differs in the reconsideration step. The difference is explained in section 6.1.4.

A. Right to Reconsideration - Every applicant or annuitant has the right to request 

reconsideration of an initial OP decision by someone other than the person who 

made the initial decision. To do this he must submit a written request for 

reconsideration within 60 days after the date of the initial decision notice. The 

request for reconsideration does not have to specifically refer to 

“reconsideration”. However, it should clearly express the annuitant’s desire for 

further action.

RCM 6.1.7 explains how to request reconsideration when no overpayment is 

involved.

B. Right of Appeal to H&A - If the applicant or annuitant is not satisfied with OP’s 

reconsideration decision he may then appeal to the Bureau of Hearings and 

Appeals (H&A) by filing Form HA-1 within 60 days after the date of the 

reconsideration decision notice. 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 (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.

H&A gives the applicant or annuitant an opportunity to submit additional evidence 

in support of his claim. The applicant or annuitant may also be given a personal 

hearing before a hearings officer. The hearings officer then considers all of the 

evidence and renders a decision.

C. Right to Appeal to Board - If the applicant or annuitant is not satisfied with the 

H&A hearings officer's decision, he may appeal to the Board by filing Form HA-1 

within 60 days from the date of the hearings officer's decision notice. The Board 

then reviews the case and renders a 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 (HA1) 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.

D. Right of Judicial Review - If the applicant or annuitant is not satisfied with the 

Board's decision, he may file suit in a Federal Appeals Court within one year from 

the date of the Board's decision notice.
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6.1.4 Reconsideration of Overpayment Decisions

In addition to the right to request a review of the facts of an overpayment decision, an 

annuitant has the right to request waiver consideration. 

In current entitlement overpayment cases the annuitant has the right to request a review 

of the facts, waiver consideration, or a personal conference in conjunction with either of 

these, within 60 days after the date of the overpayment notice.

In "no current" entitlement overpayment cases, the annuitant has the right to request 

reconsideration of the overpayment decision and/or waiver of the overpayment within 60 

days after the date of the overpayment notice. 

In cases where the overpayment letter is sent to the field office for telephone contact 

and mailing, the date of the overpayment notice is the date shown in the lower portion of 

the G-421b.

RCM 6.1.8 explains how to request reconsideration and/or waiver when an 

overpayment is involved.

6.1.5 Filing Date

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

following dates:

• The date it is received at a Board 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 

requests.

Late filing will be allowed only 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 on time and any action by the Board which misled the 

annuitant are to be considered.

Some examples of circumstances where good cause may exist are:

• Serious illness prevented the annuitant from contacting the Board 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;
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• The destruction of important and relevant records;

• A 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.

If a late request for a review of the facts, waiver and/or personal conference is received 

by the field office and that request does not explain why the request was late, the field 

office must obtain from the annuitant a signed statement of explanation for the delay 

and any documentation he may have.

In late request situations the field office will decide whether good cause for delay exists.

If good cause is evident the field will forward the request, the reason for delay statement 

and a statement which summarizes the field's reasoning for finding good cause to 

headquarters. If good cause is not evident, the field is responsible for releasing a denial 

letter to the annuitant. The letter includes appeals wording.

If a late request is received in headquarters and that request does not explain why the 

request was late, form letter RL-185e is released advising the annuitant what he/she 

must do if he/she believes there was good cause for late filing and wishes to pursue the 

reconsideration request. If the annuitant does not respond within 30 days of the 

contact, headquarters will then take the action described in RCM 6.1.10B.

6.1.6 Reconsideration

Every annuitant can request reconsideration of an initial Office of Programs (OP) 

decision as the first step of the appeals process. If the annuitant fails to make a timely 

request for reconsideration and good cause is not evident, the right to pursue any other 

step in the appeals process is forfeited. The annuitant can, however, request 

reconsideration of the decision that the request was not timely filed. The 

reconsideration of this issue is done in the office (headquarters or field) where the 

decision regarding untimely filing was made, but not by the same person who made that 

decision. If the decision regarding untimely filing is reversed, reconsideration of the 

initial decision can proceed.

If an overpayment is involved, waiver consideration and a personal conference (in 

current entitlement cases) may also be requested as a part of the reconsideration step. 

The requirements for requesting reconsideration in both non-overpayment and 

overpayment situations are given in sections 6.1.8 through 6.1.16.
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6.1.7 Requesting Reconsideration

No Overpayment Involved

To request reconsideration, the annuitant must submit a written request for 

reconsideration which must be received at the Board within 60 days after the date of the 

initial decision. The request for reconsideration does not have to specifically refer to 

"reconsideration". However, it should clearly express the annuitant's desire for further 

action.

Overpayment Involved

The procedure for requesting reconsideration in an overpayment case depends on 

whether there is continuing entitlement to RR benefits.

A. No Continuing Entitlement to Benefits - In overpayment cases in which the 

overpaid annuitant is no longer entitled to RR benefits, the annuitant can request 

reconsideration of the overpayment decision and can also request waiver 

consideration. The option of a personal conference is not offered when no 

continuing entitlement exists. To request one or both, the annuitant must submit 

a written request within 60 days after the date of the overpayment notice.

B. Continuing Entitlement Exists - In overpayment cases in which the overpaid 

annuitant is still entitled to benefits, the overpaid annuitant can request a review 

of the facts (reconsideration), waiver consideration, and a personal conference in 

conjunction with either of the two. To request any of these, the annuitant must 

complete and return Form G-66a PC or a written request within 60 days after the 

date of the overpayment notice.

6.1.9 Jurisdiction of Reconsideration Requests

The Debt Recovery Division of the Bureau of Fiscal Operations (BFO-DRD) is 

responsible for:

• cases where a waiver only is requested (including statements claiming hardship or 

not at fault) and

• cases where a personal conference is requested in conjunction with a waiver.

The reconsideration section (RECON) of OP is responsible for:

• cases where an overpayment exists and review of the facts only or a review of the 

facts and waiver are requested;

• cases where a personal conference is requested in conjunction with either a review 

only or a review and waiver;
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• cases where no overpayment exists and reconsideration is requested.

RECON is responsible for reconsideration requests on disability and non-disability 

issues. (See the Disability Claims Manual for procedure on RECON handling of a 

disability or Medicare reconsideration request.) 

When the reconsideration request is on an overpayment and waiver is also requested, 

RECON handles the request for review of the facts first. If RECON confirms the 

overpayment, the case is then sent to the Debt Recovery Division (DRD) for a decision 

on the request for waiver. In cases where a personal conference is also requested, 

RECON will send the case to DRD after the personal conference.

6.1.10 Processing Reconsideration Requests

A. Timely Request Made - Upon receipt of a timely request for reconsideration of an 

Office of Programs decision, including late requests with legitimate "good cause" 

conditions, review all the facts in the case leading up to the decision, as well as 

any new evidence which may have been submitted with the request. If an 

incorrect unrelated previous decision is discovered during the review, the 

examiner may only reopen that previous decision if reopening such decision is 

required or allowed in accordance with the reopening procedure in RCM 6.2.

If the initial decision is correct, prepare a complete explanation to the claimant 

using code paragraph 189. The following steps should be included in the written 

reconsideration decision:

(1) Prepare a statement of jurisdictional factors, filing date of application, date 

of notice of the decision under review and date of request for 

reconsideration;

(2) State the basis of request for reconsideration, (i.e., the issue involved);

(3) Include a brief non-technical statement of the applicable provisions of the 

law and regulations along with specific references to the applicable 

sections of law, when necessary; use terms likely to be understood by the 

claimant;

(4) Prepare a statement of the facts and evidence as presented;

(5) Give conclusions based on the facts and applicable law and regulations.

Where the claimant has failed to respond to requests for additional evidence or 

information, include a statement that his failure to submit the requested 

information leaves us no alternative but to make a decision without the benefit of 

any additional evidence which might support his position.
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RRB Regulations specify that every effort should be made to issue the 

reconsideration notice within 60 days from the filing date of the reconsideration 

request. If this deadline cannot be met due to unforeseen circumstances, notify 

the annuitant of the delay.

If the review indicates the initial decision was incorrect, release a letter advising 

the individual that we have changed our previous decision after reviewing the 

claim and that the case is being returned to the appropriate adjudication section 

for further processing. Then, prepare a note to file regarding the reconsideration 

decision and forward the file to the appropriate adjudication section for 

processing.

B. Timely Request Not Made - If a request for reconsideration is not submitted 

timely and good cause for the untimely filing is established by the 

debtor/claimant, refer to paragraph A of this section. 

If a request for reconsideration is not submitted timely and good cause for the 

untimely filing is not established, inform the annuitant that the period for 

requesting reconsideration on the decision has lapsed, the reconsideration 

request is denied, and that the untimely filing decision may be appealed. (The 

annuitant does not have the right to further appeal the initial decision.) The 

denial letter should use code paragraph 190 or similar wording and incorporate 

appeals wording.

If the untimely request for reconsideration also included correspondence in which 

the annuitant points out something with the claim that is obviously wrong, inform 

the annuitant that the case is being referred to the adjudication section for a 

response. The adjudication section will apply the reopening rules in RCM 6.2 in 

deciding whether corrective action should be taken. 

6.1.11 Reconsideration Decision Notice Affirming Initial Decision 

When an Overpayment Is Involved

If, after reconsideration, you determine the initial decision is correct, prepare an 

explanation for the annuitant. The letter providing the explanation must include code 

paragraph 189, which gives the annuitant the right to appeal the reconsideration 

decision. The letter should also include the options available for repayment of the 

overpayment and provide the date payments will be suspended if full refund is not made 

or one of the other repayment options offered is not selected. If no current entitlement 

exists, the explanation letter should include Recon section code paragraph 600.4, which 

is equivalent to code paragraph 199.2. The Reconsideration section makes the 

appropriate entries on ASTRO and PARS for recovery purposes.

The following steps should be included in the written reconsideration decision:
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(1) Prepare a statement of jurisdictional factors--filing date of application, date of 

notice of controversial initial determination and date of request for 

reconsideration;

(2) State the basis of request for reconsideration, (i.e., the issue involved);

(3) Include a brief non-technical statement of the applicable provisions of the law 

and regulation along with specific references to the applicable sections of law, 

when necessary; use terms likely to be understood by the claimant;

(4) Prepare a statement of the facts and evidence as presented;

(5) Give conclusions based on the facts and applicable law and regulations.

Where the claimant has failed to respond to requests for additional evidence or 

information, include a statement that his failure to submit the requested information 

leaves us no alternative but to make a decision without the benefit of any additional 

evidence which might support his position.

RRB Regulations specify that every effort should be made to issue the reconsideration 

notice within 60 days from the filing date of the reconsideration request. If this deadline 

cannot be met due to unforeseen circumstances, notify the annuitant of the delay.

6.1.12 Processing Reconsideration Requests When Overpayment Is 

Incorrect

When a review of the case indicates that the overpayment was incorrect, the action to 

take on the reconsideration request is determined by the circumstances of the case.

A. Current Rate is Correct but Overpayment Amount is Incorrect - If the reason for 

the overpayment is the same, release a letter advising that we have completed 

our review. The letter should advise the overpaid person of the correct amount 

of the overpayment in addition to the options available for repayment and provide 

the date payments will be suspended if full refund is not made or one of the other 

repayment options is not selected. Include code paragraph 189 in the letter. Be 

sure to make the necessary entries in PARS so that the correct overpayment 

amount is reflected in that system.

If the overpayment is actually due to a different reason than originally stated, 

release a letter advising the overpaid person our review indicates that the 

overpayment previously stated was incorrect and that the case is being returned 

to the unit that has jurisdiction of the overpayment. The letter should also state 

that a corrected overpayment letter will be released and that the overpaid person 

will be afforded their rights again with the corrected overpayment letter. Code 

paragraph 189 should not be included in that letter. 
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When the overpayment is due to a different reason, the case should be sent to 

the unit having jurisdiction of the overpayment. Prepare a note to file stating the 

specific factors to consider when recalculating the correct overpayment amount. 

The note to file should also state that the corrected letter should inform the 

overpaid person that the corrected letter supersedes the earlier letter and that a 

form G-66 should be included.

B. Recurring Rate and Overpayment Amount Incorrect - Regardless of whether the 

reason for the overpayment is the same, release a letter advising the overpaid 

person our review indicates that the overpayment previously stated was incorrect 

and that the case is being returned to the unit that has jurisdiction of the 

overpayment. The letter should also state that a corrected overpayment letter 

will be released and that the overpaid person will be afforded their rights again 

with the corrected overpayment letter. Code paragraph 189 should not be 

included in that letter. 

Prepare a note to file stating the specific factors to consider when recalculating 

the correct annuity rate and overpayment amount. The note to file should also 

state that the corrected letter should inform the overpaid person that the 

corrected letter supersedes the earlier letter and that a form G-66 should be 

included. The case should then be sent to the unit having jurisdiction of the 

overpayment.

6.1.13 Review of the Facts and a Personal Conference

If the overpaid person requests a review of facts and a personal conference, a review 

should be made in the same manner as if only a review was requested. (See RCM 

6.1.12) If you determine the overpayment was computed correctly, instead of a review 

letter prepare a "Summary of Facts". The "Summary of Facts" is a guide for the 

manager or contact representative conducting the personal conference. The "Summary 

of Facts" should state the pertinent sections of the RRA and the United States Code 

equivalents. The "Summary of Facts" should also mention the options for repaying the 

overpayment and the time frame for recovery with the various options.

6.1.14 Handling After Personal Conference 

After the personal conference is completed, the manager or contact representative who 

conducted the personal conference will prepare and image a summary of the 

conference on RRAILS Form FO PERS CONF REPORT and will E-MAIL Headquarters 

that the summary has been imaged. Field service will then return the case or e-file to 

Recon. Recon will evaluate any new material the overpaid person may have presented 

at the conference and answer any new questions raised. The reconsideration letter will 

then be prepared. Occasionally, the overpaid person will select a repayment method 

prior to the personal conference or at the personal conference. If so, Recon will take 

the appropriate actions to implement the method selected. Otherwise, the 

reconsideration letter will offer the appropriate repayment options.
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NOTE: If the manager or contact representative who conducted the personal 

conference reports that the overpaid person now wants us to waive recovery of the 

overpayment, Recon will send the file to BFO-DRD. BFO-DRD will make a waiver 

decision and release a combined decision notice with appeal rights.

6.1.15 Handling When Case Has Been Referred To OIG

When a case has been referred to the Office of the Inspector General (OIG), the 

indication "OIG" will be shown on the PARS AREF table. When prosecution has been 

declined, "OIGX" will be shown on the PARS AREF table. When the case has been 

referred to the Department of Justice (DOJ), "OIGD" will be shown on the PARS AREF 

table.

When RECON receives a request for reconsideration and the PARS AREF table 

indicates that the case has been referred to the OIG, they will call the OIG and request 

the case. As long as a determination to refer the case to the DOJ has not yet been 

made, the case will be forwarded to RECON. RECON will handle the reconsideration 

request to completion and return the case to the OIG. If waiver was also requested and 

RECON affirms the overpayment, RECON will advise BFO-DRD to forward the case to 

the OIG's office after their waiver decision has been made.

If RECON determines that the overpayment amount is actually under the threshold 

amount (see RCM 6.6.191) or fraud/fault is not involved, or there is no overpayment at 

all, they will send the OIG a memorandum to that effect. A copy of the memorandum 

will be filed down in the folder or imaged if no folder exists. The case does not need to 

go back to the OIG.

RECON will also release a memorandum to OIG if they determine the overpayment is 

incorrect and refer the case back to the operating section. The operating section will 

close out the erroneous overpayment posting on PARS and post a new overpayment 

document to PARS showing the correct amount. If the corrected overpayment amount 

meets the requirements for referral to the OIG, the operating section will again refer the 

case to OIG in the usual manner. Cases referred to and returned from OIG should be 

logged into the Referral Tracking System application (see FOMI 15165 – RTS 

Instructions). Please see your supervisor for instructions on who enters cases for your 

Section.

If there is a memorandum in the file from the OIG that they will not pursue an 

investigation, the case will not be referred back after RECON completes their decision 

unless that decision significantly increases the overpayment amount.

NOTE: If RECON is handling a case with an overpayment over the threshold amount 

(see RCM 6.6.191) and fraud/fault is indicated, but no OIG referral was made, RECON 

should finish their action. If the overpayment is affirmed, the case should be remanded 

back to the retirement or survivor operating unit that released the overpayment letter for 

referral to the OIG. If the annuitant also requested waiver, RECON will forward the 
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case to BFO-DRD and ask them to return the case to the operations unit for referral to 

OIG.

6.1.16 Handling When OIG Refers Case to DOJ

When the Office of Inspector (OIG) refers a case to the Department of Justice (DOJ) for 

possible fraud prosecution, the OIG will send a memorandum to BFO-DRD. BFO-DRD 

will update the AREF table on PARS to indicate that the case has been referred to the 

DOJ. A copy of the memorandum from the OIG will then be sent to the Reconsideration 

Unit (RECON). RECON should immediately cease their handling of the rights request. 

Likewise, any further development should cease.

When suspending RECON action because of referral to the DOJ, do not notify the 

annuitant. If the annuitant inquires about the status of the rights request, handle in the 

following manner:

A. Written Inquiries – HQ personnel are to fax written inquiries to the OIG at 312/751-

4342. Include the annuitant’s claim number and the statement “Open Investigation” 

on the fax cover sheet. Forward the original to PSD/IDS to be imaged. Notate on 

the original that it was faxed to the OIG, initial and date.

B. Email Inquiries – HQ personnel should forward the email to Hotline@oig.rrb.gov. 

The subject line should include “Open Investigation” and the claim number. Make a 

copy of the email and forward it to PSD/IDS to be imaged. Notate on the original 

that it was faxed to the OIG, initial and date.

C. Telephone Calls – If an annuitant telephones HQs and wishes to discuss his/her 

case, advice the annuitant that “We cannot provide the information over the 

telephone and a written request is required.” The written statement is needed by 

the OIG for documentation purposes. The statement should be sent to the U.S. 

Railroad Retirement Board, 844 N. Rush St., Chicago, IL 60611, Attention: RECON. 

When the statement is received, fax it to the OIG at 312/751-4342. Include the 

annuitant’s claim number and the statement “Open Investigation” on the fax cover 

sheet. Forward the original statement to PSD/IDS to be imaged. Notate on the 

original that it was faxed to the OIG, initial and date.

D. Problems or Special Need Cases – If the annuitant insists on speaking to someone 

or this case needs special attention, call or email one of the contacts below. They 

will contact the OIG and obtain the requested information.

RBD Operations and Claims Analyst – x4759

SBD Operations and Claims Analyst – x3323

Director of Disability Benefits Section – x4801

Sickness and Unemployment Section Chief – x4708
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UNDER NO CIRCUMSTANCES SHOULD HQ PERSONNEL FORWARD ANY 

ANNUITANT CALLS TO THE OIG OR GIVE OUT THE OIG’S PHONE NUMBER.

Note: You may take any non-overpayment related action on these cases, e.g. change 

of address, direct deposit, rate letter, etc. However, after performing the action, send an 

email to Hotline@oig.rrb.gov. Notate the action taken and date. The subject line should 

include “Open Investigation” and the claim number.

If the DOJ later declines to prosecute, the OIG will send another memorandum to BFODRD. BFO-DRD will update the AREF table on PARS and send a copy of the OIG 

memorandum to RECON. Action on the rights request and any necessary development 

can then be resumed.

6.1.20 Right To Appeal to BHA

Every applicant or annuitant may appeal a reconsideration decision by completing and 

filing an HA-1 within 60 days from the date of the reconsideration decision notice. 

When an appeal is filed, the director of BHA appoints a hearings officer to act on the 

appeal.

6.1.21 Filing an Appeal

Form HA-1, Appeal Under RR Act, is the form the annuitant must complete to request 

an appeal of a reconsideration decision as well as an appeal of a BHA hearings officer's 

decision (see RCM 6.1.30ff regarding the latter.) In either case, the completed HA-1 

must be received at an RRB office within 60 days after the date of the reconsideration 

decision or the hearings officer's decision.

Form HA-1 is available at any field office as well as RRB headquarters. Any requests 

for Form HA-1 received in headquarters to appeal either the reconsideration decision or 

a hearings officer's decision should be immediately referred to BHA for handling. As 

soon as claims processing personnel become aware that an HA-1 is being forwarded to 

headquarters by a field office, the file should immediately be forwarded to the bureau of 

hearings and appeals.

NOTE: A request for an HA-1 does not fulfill the requirement for filing an appeal within 

60 days. BHA will make a determination (on an individual basis) regarding timely filing 

in any case in which a request is made within the 60-day period, but there is insufficient 

time (as determined by BHA) for release and return of the HA-1.

In accordance with Board Order 95-99, in any case where a Board Member, the 

General Counsel, the Inspector General, the Director of Programs, the Director of 

Administration, any other bureau or office head, or any RRB staff requires information 

regarding a specific case wherein an appeal has been filed with the Bureau of Hearings 

and Appeals, the request for information shall be directed to the Director of Hearings 

and Appeals in writing and shall not be directed to a hearings officer. The Director of 

Hearings and Appeals shall maintain a record of such contacts and inquiries. 
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6.1.22 Reconsideration Decision

Sustained By BHA

If the reconsideration decision is sustained by BHA, the hearings officer notifies the 

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

decision, which deals further with the merits of the claim, is under BHA's jurisdiction.

Reversed By BHA

When BHA reverses a reconsideration decision, BHA routes the case to either BFODRD, the Director of Retirement Benefits, the Acting Director of Survivor Benefits or to 

DSUBD. Reversals of disability and HI (including Canadian HI) or SMI decisions are 

handled by DSUBD. All other reversals are handled by OP.

6.1.30 Right To Appeal

Every applicant or annuitant can appeal the hearings officer's decision by executing and 

filing an HA-1 within 60 days of the date that the hearings officer's decision is mailed to 

the appellant. The Board can also, on its own motion, review the hearings officer's 

decision in any case. In doing so, the Board can designate any Board employee to 

secure additional evidence and report the findings.

6.1.31 Hearings Officer's Decision

Sustained By Board

If the Board sustains the H&A hearings officer's decision, the Board notifies the 

applicant. Any correspondence received subsequently which deals further with the 

merits of the claim is referred with the claim folder to the Board members office for 

attention.

Reversed By Board

When the Board reverses the hearings officer's decision, the Board refers the file to 

either BFO-DRD the Director of Retirement Benefits or the Acting Director of Survivor 

Benefits. If the issue is disability or Medicare related, the Board refers the file to 

DSUBD for handling.