31 C.F.R. § 29.405

Appeals to the Department

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(a) Who may file. Any claimant whose claim for a Federal Benefit Payment has been denied (in whole or part) by the Benefits Administrator in a reconsideration decision under § 29.404(d) may appeal that decision to the Department.

(b) Form of appeal. An appeal must be in writing, must include the claimant's name, address, date of birth and claim number, if applicable, and must state the basis for the appeal.

(c) Time limits on Appeals. (1) An appeal must be received by the Department within 30 calendar days from the date of the reconsideration decision under § 29.404(d).

(2) The Department may extend the time limit for filing when the claimant shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit, or for other good and sufficient reason.

(d) Final decision. After consideration of the appeal, the Department will issue a final decision. The Department's decision must be in writing, must fully set forth the Department's findings and conclusions on the appeal, and must contain notice of the right to judicial review provided in § 29.406. Copies of the final decision must be sent to the claimant seeking appeal, to any competing claimants (see § 29.407) and to the Benefits Administrator.

Notes of Decisions

Cited in 2 cases, 2012–2019 · leading case: Vincent v. Geithner, 890 F. Supp. 2d 8 (D.D.C. 2012).

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Vincent v. Geithner, 890 F. Supp. 2d 8 (D.D.C. 2012). “16; 31 C.F.R. § 29.405 (c)(1). Thus, within only a few months, a record of the parties’ particular positions was formed, the crucial issues were narrowed, and the plaintiffs claim for increased retirement benefits was acknowledged and accepted, all at the administrative level,…”

Johnson v. Mnuchin (D.D.C. 2019). “See 31 C.F.R. § 29.405 . ODCP’s decision is considered a final agency action, from which a party may seek judicial review.”

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