Other Fields
Agency Scheme: 
RRBOBENE0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board
Appeal Office (global name): 
Railroad Retirement Board: Board
Appeal Officer #1 (Title): 
Board Member
Appeal Officer #2 (Title): 
Board Hearing Designee
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Appellate review of decisions issued by the RRB's Bureau of Hearings and Appeals (BHA) on benefits claims (and related issues) under the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA), as well as review of other non-program decisions by other adjudicators as specified in RRB regulations (egg, civil penalties under the Program Fraud Civil Remedies Act and claims/debt collection actions). Appeal procedures for RRA/RUIA cases are primarily set forth in 20 CFR Parts 260 & 320. Covered RRA/RUIA matters include: BHA decisions on applications for benefits that are unfavorable to claimants; modifications of annuity or lump-sum payments; existence of erroneous payments; revision (reopening) of final decisions; and, issues related to legal age or legal competence of beneficiary found be incapacitated and in need of representative payee. The Board generally conducts written (document-only) reviews of BHA-issued decisions as a 3-member panel. However, the Board may also obtain new evidence on its own motion (See 20 CFR 260.9(e) and 320.40). The Board may also designate an RRB employee to take additional evidence for inclusion in the record. (See 20 CFR 320.40(c)). Accordingly, Appeal Officer #2 is listed above as "Board Hearing Designee."
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
20 CFR 260.9 - 260.11; 20 CFR 320.40-320.49
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Three
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (All Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Other
If "Other/Varies by Case," please describe: 
Attorneys staffing the Office of General Counsel/Bureau of Law draft decisions for the three-member Board.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The Board shall make every effort to issue a decision within 90 days after the later of: (1) the date the final appeal is filed; (2) the date new or better evidence is obtained in accordance with 20 CFR 260.9(d) and the appellant has commented on it; (3) the date new or better evidence is obtained in accordance with 20 CFR 260.9(d) and after close of the comment period; (4) the date further argument submitted in accordance with 20 CFR 260.9(e) is received; or (5) the date the record is returned to the Board following referral back to the hearings officer. See 20 CFR 260.9(g)
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
Appeals under the RUIA may be filed by either (a) claimants aggrieved by a decision by a BHA hearing officer, or (b) base-year employers whose employee was awarded benefits and who participated in proceedings before the BHA hearing officer. (20 CFR 320.38)
ADJUDICATORS
Total # of Appeal Officers: 
3
Comments/Notes on Appellate Adjudicators (Optional): 
The three-member Board is appointed by the President of the United States, with the advice and consent of the Senate. The President appoints one member upon recommendation of railroad employers, another upon the recommendation of railroad labor organizations, and the third, who is the Chair, to represent the public interest.
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
96
Total # Cases Decided/Closed (FY2013): 
57
Total # Cases Pending (End of FY2013): 
61
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
By providing case type statistics on this form
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
Page 2 - statistics are not maintained to determine the percentage of private parties who are represented before the Board. Page 5 - statistics are not maintained regarding the length of time to adjudicate appeals before the Board.
Verified by Agency: 
Verified