[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: 20CFR320.10]



[Page 544-545]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

--Table of Contents

 

Sec.  320.10  Reconsideration of initial determination.



    (a) Request. A claimant shall have the right to request 

reconsideration of an initial determination under Sec.  320.5 of this 

part which denies in whole or in part his or her claim for benefits. A 

claimant shall have the right to request reconsideration of a notice of 

overpayment under Sec.  320.9 of this part. The base-year employer(s) 

shall have the right to request reconsideration of an initial 

determination under Sec.  320.5 of this part which awards in whole or in 

part a claimant's claim for benefits. A reconsideration request shall be 

made in writing and addressed to the adjudicating office that issued the 

initial determination and must be received by the adjudicating office no 

later than 60 days from the date of the notice of the initial decision.

    (b) Review of evidence. Upon request, the party requesting 

reconsideration shall have an opportunity to review all evidence and 

documents that pertain to the initial determination. The Board shall 

made all reasonable efforts to protect the identity of the source of 

adverse evidence.

    (c) Notice of decision. The adjudicating office shall, as soon as 

possible, render a decision on the request for reconsideration. If a 

decision rendered by a district office, as the adjudicating office, 

sustains the initial determination, either in whole or in part, the 

decision shall be referred to the appropriate regional office for review 

prior to issuance. The party who requested reconsideration shall be 

notified, in writing, of the decision on reconsideration no later than 

15 days from the date of the decision or, where the regional office has 

conducted a review of the decision, within 7 days following the 

completion of the review. If the decision results in denial of benefits, 

the claimant shall be notified of the right to appeal as provided in 

Sec.  310.12 of this part. If the decision results in payment of 

benefits, the base-year employer(s) shall be notified of the right to 

appeal as provided in Sec.  310.12 of this part.

    (d) Right to further review of initial determination. The right to 

further review of a determination made under Sec.  310.5 or Sec.  320.6 

of this part 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 party requesting reconsideration 

for failing to file a timely request for reconsideration.

    (e) Timely request for reconsideration. In determining whether 

either the claimant or the base-year employer(s) has good cause for 

failure to file a timely request for reconsideration, the



[[Page 545]]



adjudicating office shall consider the circumstances which kept either 

the claimant or the base-year employer(s) from filing the request on 

time and whether any action by the Board misled either of them. 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) The existence of an unusual or unavoidable circumstance which 

demonstrates that either the claimant or the base-year employer(s) would 

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

them from filing in a timely manner; or

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

requested reconsideration.



[56 FR 65679, Dec. 18, 1991, as amended at 67 FR 77156, Dec. 17, 2002]