20 C.F.R. Subpart H—Expedited Appeals Process for Constitutional Issues
Title 20 - Employees' Benefits
You may use the expedited appeals process if you have no dispute with our findings of fact and our application and interpretation of the controlling law, but you believe that a part of that law is unconstitutional. By using the expedited appeals process you may go directly to a Federal district court without first completing the administrative review process that is generally required before the court will hear your claim. If you have filed a disability claim, you may use the expedited appeals process if all of the following requirements are met: (a) You have received an initial determination and a decision by a Federal reviewing official, but an administrative law judge has not made a decision; (b) You have submitted a written request for the expedited appeals process; and (c) You have our written agreement to use the expedited appeals process as required in §405.715. (a) Time limit for filing request. If you wish to use the expedited appeals process, you must request it— (1) No later than 60 days after the date you receive notice of the Federal reviewing official's decision (or within the extended time period if we extend the time as provided in paragraph (c) of this section), or (2) At any time after you have filed a timely request for a hearing but before you receive notice of the administrative law judge's decision. (b) Place for filing request. You should file a written request for an expedited appeal at one of our offices. If you have a disability claim under title II of the Act, you may also file the request at the Veterans Administration Regional Office in the Philippines, or if you have 10 or more years of service, or at least five years of service accruing after December 31, 1995, in the railroad industry, an office of the Railroad Retirement Board. (c) Extension of time to request expedited appeals process. If you want to use the expedited appeals process but do not request it in time, you may ask for more time to submit your request. Your request for an extension of time must be in writing and must give the reasons why the request for the expedited appeals process was not filed in time. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in §405.20 of this part. If you meet all the requirements necessary for using the expedited appeals process, our authorized representative shall prepare an agreement. The agreement must be signed by you and by our authorized representative. The agreement must provide that— (a) The facts in your claim are not in dispute; (b) The sole issue in dispute is whether a provision of the Act that applies to your claim is unconstitutional; (c) Except for your belief that a provision of the Act is unconstitutional, you agree with our interpretation of the law; (d) If the provision of the Act that you believe is unconstitutional were not applied to your claim, your claim would be allowed; and (e) Our decision is final for the purpose of seeking judicial review. If we agree that you can use the expedited appeals process, a signed copy of the agreement will be mailed to you and will constitute notice. If you do not meet all of the requirements necessary to use the expedited appeals process, we will advise you that your request to use this process is denied and that your request will be considered as a request for a hearing, if you have not already requested a hearing. After an expedited appeals process agreement is signed, you will not need to complete the remaining steps of the administrative review process. Instead, you may file an action in the Federal district court in the district where you reside. You must file within 60 days after the date you receive notice that the agreement has been signed by our authorized representative.
Title 20: Employees' Benefits
PART 405—ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS
Subpart H—Expedited Appeals Process for Constitutional Issues
§ 405.701 Expedited appeals process—general.
§ 405.705 When the expedited appeals process may be used.
§ 405.710 How to request an expedited appeal.
§ 405.715 Agreement in expedited appeals process.
§ 405.720 Notice of agreement to expedite appeal.
§ 405.725 Effect of expedited appeals process agreement.
