RRB DISABILITY PROCESS OVERVIEW

Determining Eligibility

If an employee is permanently disabled for all regular work and has at least 10 years (120 months) of creditable railroad service, a disability annuity can be paid at any age. Employees with less than 10 years of creditable railroad service, but with 5-9 years performed after 1995, may qualify for tier I only before retirement age on the basis of total disability if they also meet certain social security earnings requirements. A five-month waiting period beginning with the month after the month of the onset of disability is required before any disability annuity payments can begin.

To be permanently disabled, you must have a medical condition that prevents you from working. Several unrelated conditions that are not considered severely disabling in an of themselves can be combined and considered together to see if in this way they prevent work. You are considered unable to work if your condition prevents you from performing basic work activities.

Disability annuities have certain work restrictions that can affect payment, depending on the amount of earnings. The annuity is not payable for any month in which the annuitant works for a railroad employer or railroad union. The annuity is not payable for any month in which the annuitant earns more than $400 in any employment or net self-employment, exclusive of work-related expenses. Withheld payments will be restored if earnings for the year are less than $5,000 after deduction of disability-related work expenses. Otherwise, the annuity is subject to a deduction of one month's benefit for each multiple of $400 earned over $4,800 (the last $200 or more of earnings over $4,800 count as $400).

Filing an Application for a Disability Annuity

Applications for railroad retirement disability annuities are generally filed at one of the Board's field offices, or at one of the office's Customer Outreach Program (CORP) service locations, or by telephone and mail. To expedite filing for a railroad retirement disability annuity, disabled employees or a family member should call or write the nearest Railroad Retirement Board field office to schedule an appointment. For the appointment, claimants should bring in any medical evidence in their possession and any medical records they can secure from their treating physicians.

After the RRB receives the completed application, the RRB will decide if a disability annuity can be paid. If it cannot be paid, the RRB will send the applicant a letter which explains:

• why an annuity cannot be paid; and
• what the applicant can do if they disagree with the reason an annuity cannot be paid.

If an annuity can be paid, the applicant will receive:

• a letter which shows the amount of the monthly payment and other information about your entitlement to an annuity; and
• a payment for the amount which is due from the beginning date of your annuity through the month before the payment is received.

Sometimes the RRB will not be able to make a decision on the application without some additional information. If so, the applicant will be contacted by an RRB representative. The individual will be asked to send the RRB additional forms, proofs, or statements that are needed.

Applicants should receive a decision within 65 days of the date the application was filed. If denied, the applicant will need to begin the appeals process.

The Appeals Process

Persons claiming disability benefits from the Railroad Retirement Board have the right to appeal unfavorable determinations on their claims. There is a three-stage review and appeals process within the Railroad Retirement Board. An individual dissatisfied with the initial decision on their claim may first request reconsideration. An individual has 60 days, from the date of the initial denial notice, to file a written statement requesting reconsideration. The RRB will take another look at the claim and make another decision regarding eligibility.

If dissatisfied with the reconsideration decision on disability their claim, a person may appeal to the Railroad Retirement Board's Bureau of Hearings and Appeals, which is independent of those units responsible for reconsideration decisions. An appellant has 60 days from the date of the reconsideration decision notice to file this appeal. An oral hearing may be held under certain circumstances. This hearing may be in person or conducted by telephone.

If not satisfied with the Bureau of Hearings and Appeals’ decision, an appellant may further appeal to the three-member Board. Sixty days from the date of the notice of the Bureau of Hearings and Appeals' decision are allowed for filing this appeal. The three-member Board will base its decision on the evidence before the hearings officer. The three-member Board ordinarily will not accept additional evidence or conduct a hearing.

Appellants not satisfied with the Board's final decision may then file a petition with the U.S. Court of Appeals to review the Board’s decision. The petition for review must be filed within one year of the date of the three-member Board's decision notice.