The Office of Justice Programsí Implementation of the Hometown Heroes Survivors Benefits Act of 2003

Evaluation and Inspections Report I-2008-005
March 2008
Office of the Inspector General


Appendix III
PSOB Program Appeals Process

The PSOB Program provides three levels of appeal for denied claims: Hearing Officer, BJA Director, and judicial. A claimant has 33 days from the date of the notification of determination to appeal a denial decision in writing to the PSOB Office. The BJA Director may grant a waiver of the 33-day response time if the claimant can show why the deadline could not be met.

Hearing Officer

The first level of appeal is to a Hearing Officer who arranges the date, time, and location of a hearing with the claimant. The claimant can present new evidence at this hearing. Once the hearing is completed, the Hearing Officer reviews all case file information and evidence, and then presents a report with an opinion on the claim to the BJA Director and OJP OGC.

BJA Director

Up to 33 days after the claimant is notified that a denial appeal was upheld by the Hearing Officer, the claimant has the right to appeal to the second level, the BJA Director. The BJA Director reviews the case file, any new evidence, consults with OJP OGC, and makes a determination on the appeal.

Judicial

After a claimant has exhausted the administrative levels of appeal, the claimant can appeal judicially to the U.S. Court of Appeals for the Federal Circuit under 28 U.S.C. 1491(a).



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