[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR260.3]



[Page 513-514]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 260_REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD

--Table of Contents

 

Sec.  260.3  Request for reconsideration of initial decision.



    (a) Right to file request for reconsideration. Every claimant shall 

have the right to file a request for reconsideration of an initial 

decision described in Sec.  260.1(a) or in Sec.  260.2. Provided, 

however, That:

    (1) An individual under age 18 shall not have the right to 

reconsideration of a finding of incapacity to manage his or her annuity 

payments, but shall 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 shall 

not have the right to reconsideration of a finding of incapacity to 

manage his or her annuity payments, but shall have the right to contest 

the fact of his or her having been adjudged legally incompetent; and

    (3) An individual shall not have the right to reconsideration of a 

denial of his or her application to serve as representative payee on 

behalf of an annuitant. Such request for reconsideration shall be filed 

and disposed of in the manner prescribed in this section, except that a 

request for reconsideration of an initial erroneous payment decision 

under Sec.  260.1(a)(7) shall be filed and disposed of in the manner 

prescribed in Sec.  260.4.

    (b) Written request for reconsideration. A written request for 

reconsideration may be filed with any office of the Board within 60 days 

from the date on which notice of the initial decision is



[[Page 514]]



mailed to the claimant. The claimant shall state the basis for the 

reconsideration request and provide any additional evidence which is 

available. No hearing will be provided.

    (c) Right to further review of initial decision. The right to 

further review of an initial decision shall be forfeited unless a 

written request for reconsideration is filed within the time period 

prescribed in this section or good cause is shown by the claimant for 

failing to file a timely request for reconsideration.

    (d) Timely request for reconsideration. In determining whether the 

claimant has good cause for failure to file a timely request for 

reconsideration the bureau director shall consider the circumstances 

which kept the claimant from filing the request on time and if any 

action by the Board misled the claimant. Examples of circumstances where 

good cause may exist include, but are not limited to:

    (1) A serious illness which prevented the claimant from contacting 

the Board in person, in writing, or through a friend, relative or other 

person;

    (2) A death or serious illness in the claimant's immediate family 

which prevented him or her from filing;

    (3) The destruction of important and relevant records;

    (4) A failure to be notified of a decision;

    (5) An unusual or unavoidable circumstance existed which 

demonstrates that the claimant would not have known of the need to file 

timely or which prevented the claimant from filing in a timely manner; 

or

    (6) The claimant thought that his or her representative had 

requested reconsideration.

    (e) Impartial review. The reconsideration of the initial decision 

shall be conducted by a person who shall not have any interest in the 

parties or in the outcome of the proceedings, shall not have directly 

participated in the initial decision which has been requested to be 

reconsidered and shall not have any other interest in the matter which 

might prevent a fair and impartial decision.

    (f) Timely review. The Board shall make every effort to issue a 

decision upon reconsideration and send a copy of the decision to the 

claimant within 60 days of the date that the decision for 

reconsideration is filed.

    (g) Right to appeal adverse decision. If the reconsideration 

decision is adverse to the claimant, annuitant or payee, he or she shall 

be notifed of his or her right to appeal the decision to the Bureau of 

Hearings and Appeals, as provided in Sec.  260.5.



[47 FR 36809, Aug. 24, 1982, as amended at 48 FR 51448, Nov. 9, 1983; 55 

FR 39146, Sept. 25, 1990; 67 FR 77153, Dec. 17, 2002]