The following are some related forms: OA-C3 OA-C11 OA-C15 OA-C17 OA-C21 OA-C22 OA-C780 Husband's Certification (generally this form must accompany the wife's application, Form OAC2). Application for Substitution of Payee (for use when the individual proposing to be substituted for current payee files application to receive benefits on behalf of self, minor child, or incompetent beneficiary). Wife's Certification (this form must accompany the husband's application, Form OA-C14). Disabled Child-Statement garding Disability. Re Supplement to Application (Bene- Certificate of Individual Applying (b) Submission of evidence. An individual who files an application for monthly benefits, the establishment of a period of disability, a lump-sum death payment, or a recomputation of a primary insurance amount, either on his own behalf or on behalf of another, must establish by satisfactory evidence the material allegations in his application, except as to earnings shown in the Social Security Administration's records (see Subpart H of Part 404 of this chapter for evidence requirements in nondisability cases and Subpart P of Part 404 of this chapter for evidence requirements in disability cases). Instructions, report forms, and forms for the various proofs necessary are available to the public in district offices, contact stations, and resident stations of the Social Security Administration, and the Veterans' Administration Regional Office, Manila, Philippines. These offices assist individuals in preparing their applications and in obtaining the proofs required in support of their applications. (c) Determinations and notice to individuals. In the case of an application for benefits, the establishment of a period of disability, a lump-sum death payment, or a recomputation of a primary insurance amount, the Social Security Administration, after obtaining the necessary evidence, will make a determination as to the entitlement of the individual claiming or for whom is claimed such benefits, and will notify the applicant of the determination and of his right to a reconsideration if he is dissatisfied with the determination (see § 422.9). Also see § 404.1520 of this chapter for a discussion of the respective roles of State agencies and the Administration in the making of disability determinations and § 404.1521 of this chapter for information regarding initial determinations as to entitlement or termination of entitlement in disability cases. [29 F.R. 1800, Feb. 6, 1964] § 422.8 Reports by beneficiaries. (a) A recipient of monthly benefits and a person for whom a period of disability has been established are obligated to report to the Social Security Administration the occurrence of certain events which may suspend or terminate benefits or which may cause a cessation of a period of disability. (b) A person who files an application for benefits receives oral and written instructions about events which may cause a suspension or termination, and also, appropriate forms and instruction cards for reporting such events. Pursuant to section 203 (h) (1) (A) of the Act, under certain conditions a beneficiary must submit to the Social Security Administration an annual report of his earnings and of any substantial services in self-employment performed during a taxable year within 3 months and 15 days after the close of such taxable year. The purpose of the annual report is to furnish the Social Security Administration with information for making final adjustments in the payment of benefits for that year. An individual may also be requested to submit other reports to the Social Security Administration from time to time. [27 F.R. 2798, March 27, 1962, as amended at 29 F.R. 1801, Feb. 6, 1964] agencies and the Social Security Administration in the making of disability determinations is also applicable to the reconsideration of initial determinations involving disability. After such initial determination has been reconsidered the Social Security Administration will mail to each of the parties written notice of the reconsidered determination and inform him of his right to a hearing (see § 422.21). Regulations relating to the details of reconsideration of initial determinations may be found in §§ 404.909404.916 of this chapter. [27 F.R. 2798, March 27, 1962, as amended at 29 F.R. 1801, Feb. 6, 1964] Subpart B-Procedures of the Bureau of Hearings and Appeals § 422.20 Duties and functions of Bu. reau of Hearings and Appeals. The Appeals Council, its members and hearing examiners, in the Bureau of Hearings and Appeals of the Social Security Administration have, by delegation from the Secretary of Health, Education, and Welfare, the duties, powers, and functions arising under sections 205 and 221 of the Act, relating to the holding of hearings and the rendition and review of decisions in connection with appeals from reconsidered determinations made under title II of the Social Security Act. See Subpart J of Part 404 of this chapter. [29 F.R. 1801, Feb. 6, 1964] § 422.21 Hearing before hearing exam iner. After a reconsidered determination of a claim for benefits or any other right under title II of the Act has been made under section 205 or section 221 of the Act, any party to such determination may file a written request for a hearing on his claim. (For individuals who may be parties to a hearing see §§ 404.919 and 404.920 of this chapter.) This request may be made on Form AC-501, "Request for Hearing," or by letter. Form AC-501 may be obtained from any social security district office, from the Bureau of Hearings and Appeals, SSA, 801-19th Street NW., Washington, D.C. 20203, or from any other office where a request for a hearing may be filed. For detailed information about the right to a hearing, the time and place for filing a request for a hearing, the functions of the hearing examiner, the conduct of a hearing, and the rights of parties to a hearing, see §§ 404.917-404.940 of this chapter. [29 F.R. 1801, Feb. 6, 1964] § 422.22 Review by Appeals Council. Any party to a hearing examiner's decision or dismissal may request a review of such decision or dismissal by the Appeals Council. This request may be made on Form AC-520, "Request for Review of Hearing Examiner's Action," or by letter. This form may be obtained from any social security district office, from the Bureau of Hearings and Appeals, SSA, 801 19th Street NW., Washington, D.C., 20203, or from any other office where a request for review may be filed. For detailed information about the time and place for filing a request for review, the functions of the Appeals Council, and the rights of parties to the review, see §§ 404.938, 404.941-404.952, 404.954, and 404.955 of this chapter. [29 F.R. 1801, Feb. 6, 1964] § 422.23 Court review. A claimant may obtain a court review of a decision by a hearing examiner if the Appeals Council has denied the claimant's request for review, or a court review of a decision by the Appeals Council where that is the final administrative decision, by instituting a civil action in the district court of the United States for the judicial district in which he resides or has his principal place of business, or, if he does not reside or have his principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. Such action must be filed within 60 days after the mailing of the Appeals Council's notice of denial of request for review of the hearing examiner's decision or notice of decision by the Appeals Council, except that this time may be extended by the Appeals Council upon a showing of good cause. Where such civil action is instituted, the person holding the office of Secretary of Health, Education, and Welfare shall, in his official capacity, be the proper defendant. Any such civil action properly instituted shall survive notwithstanding any change of the person holding the office of Secretary or any vacancy in such office. (See section 205(g) of the Act and §§ 404.931, 404.940, 404.951, and 404.954 of this chapter.) [28 F.R. 2030, Mar. 2, 1963] CHAPTER IV-EMPLOYEES' COMPENSATION APPEALS BOARD, DEPARTMENT OF LABOR (a) "Act" means the Federal Employees' Compensation Act and any statutory extension or application thereof. (b) "Board" means the Employees' Compensation Appeals Board. (c) "Bureau" means the Bureau of Employees' Compensation and in the case of employees of the Canal Zone Government and of the Panama Canal Company, the Governor of the Canal Zone. (d) "Director" means the Director of the Bureau and in the case of employees of the Canal Zone Government and of the Panama Canal Company, the Governor of the Canal Zone. (e) "Party" means any person admitted and named as a party on the docket of the Board, including any intervenors. (f) "Counsel" includes any person who is a member in good standing of the bar of the Supreme Court of the United States or the highest court of any State, territory, or the District of Columbia. [27 F.R. 12186, Dec. 8, 1962, as amended at 29 F.R. 13519, Oct. 1, 1964] § 501.2 Scope and applicability of rules; composition and jurisdiction of the Board. (a) The regulations in this part provide the rules of practice of the Board in hearing and deciding appeals from final decisions of the Bureau. (b) The Board consists of three members appointed by the Secretary of Labor, one of whom is designated as Chairman of the Board and administrative officer. (c) The Board has jurisdiction to consider and decide appeals from the final decision of the Bureau in any case arising under the Act. The Board may review all relevant questions of law, fact, and discretion in such cases. There shall be no appeal with respect to any interlocutory matter disposed of by the Bureau during the pendency of a case. The review of a case shall be limited to the evidence in the case record which was before the Bureau at the time of its final decision. § 501.3 Application for review. (a) Who may file. Any person adversely affected by a final decision of the Director, or his duly authorized representative, may file an application for review of such decision by the Board. (b) Place of filing. Any application for review shall be filed with the Clerk of the Board, Employees' Compensation Appeals Board, U.S. Department of Labor, Washington 25, D.C. (c) Form of application; contents. An application for review should be filed with the Board upon Form AB-1 (Application for Review). Any application made without the use of the form shall contain the following information: The full name and address of the applicant, the name of the injured or deceased employee, the employing establishment, the case file number assigned to the case by the Bureau, a description of the particular injury involved, the date of the injury, the place of injury, and the date of the decision being appealed. If the applicant is being represented by another person in the proceeding, the name and address of such representative should be stated. Each application shall include a succinct statement indicating the contentions of the applicant and describing with particularity any findings of fact, conclusions of law, or exercise of (or failure to exercise) discretion complained of. Any application containing incomplete information shall be returned to the applicant with a description of the additional information needed and a reasonable opportunity for furnishing any such information shall be allowed. (d) Time for filing. (1) Except as provided in subparagraph (2) of this paragraph, any application for review by a person residing within the United States or Canada must be filed within 90 days from the date of issuance of the final decision of the Director, and any application for review by a person residing outside the United States or Canada must be filed within 180 days from the date of issuance. (2) For good cause shown, the Board may in its discretion waive a failure to file an application within the time limitations provided in subparagraph (1) of this paragraph, but for no longer than one year from the date of issuance of the final decision of the Director. (3) The date of filing of an application for review shall be the date upon which the application is received by the Board. (e) Briefs and supporting statements. Any application for review may be accompanied by a brief or supporting statement. § 501.4 Transmittal of record. The Board shall serve upon the Director a copy of each application for re view and any brief or supporting statement accompanying it. Within 30 days from the date of such service, the Director shall transmit to the Board the record of the proceeding to which the application refers and such statement in support of his decision or other pleading as he may consider necessary, but on application of the Director, the Board may in its discretion extend such time. § 501.5 Oral argument. (a) Notice. Whenever any party requests an opportunity to present oral argument the Board shall schedule the case for argument. Each party shall be notified at least ten days before the date of argument. The notice shall state the issues to be heard, as determined by the Board. (b) Time allowed. Generally not more than 1 hour shall be allowed for oral argument by any party although in appropriate cases the Board may in its discretion extend or shorten the time allowed. (c) Failure to respond to notice. Failure to respond to a notice of oral argument shall not prejudice the rights of any party to the proceeding. The Board in its discretion may set the case for further argument upon notice or it may proceed to dispose of the appeal pursuant to § 501.6. (a) The decision of the Board shall contain a written opinion setting forth the reasons for the action taken and an appropriate order. The decision may consist of affirmance, reversal, remand for further development of the evidence, or other appropriate action. A copy of the decision shall be sent by the Board to all parties in interest. The case record shall be returned to the Director with a copy of the decision. (b) A decision of not less than two members shall be the decision of the Board. (c) The decision of the Board shall be final as to the subject matter appealed and such decision shall not be subject to review, except by the Board. (d) The decision of the Board shall be final upon the expiration of 30 days from the date of the filing of the order, unless the Board shall in its order fix a different period of time or reconsideration by the Board is granted. § 501.7 Petition for reconsideration. (a) Procedure for filing. A petition for reconsideration of a decision of the Board may be filed with the Board within 30 days from the date of the order, or, if another period is specified in the order, then prior to the time when the order becomes final. The petition shall state the grounds relied upon, including any matters claimed to have been erroneously decided and shall specify the alleged errors. The petition may be in letter form. (b) Answer; procedure for disposition of petitions. Upon the filing of a petition for reconsideration, each of the other parties to the proceeding may file an answer thereto within such time as may be fixed by the Board. If reconsideration should be granted, reargument upon reasonable notice may be allowed in the discretion of the Board. After reconsideration of a case the Board shall either grant or deny the petition. § 501.8 Docket of proceedings; inspection of docket and records. (a) Maintenance of docket. A docket of all proceedings shall be maintained by the Board. Each proceeding shall be assigned a number in chronological order upon the date on which an application for review is received. Each proceeding shall be generally considered in the order in which it is docketed, although for good cause shown the Board may advance the order in which a particular case is to be considered. Correspondence or further applications in connection with any pending case shall refer to the docket number of that case. (b) Inspection of docket and records. The docket of the Board shall be open to public inspection. The Board shall publish its decisions in such form as to be readily available for inspection, and shall allow the public inspection thereof at the permanent location of the Board. The papers and documents included in the record of any proceeding shall be made available to any party in interest as provided in 29 CFR 2.6(b). The Board shall exercise the functions of the Secretary of Labor prescribed in 29 CFR 2.6(b). Such inspection shall be permitted at reasonable times during business hours upon written request therefor filed with the Board by an interested party. Any request must set forth (1) the interest of the applicant in the proceeding, and (2) a description of the specific materials desired to be inspected. Any request will be denied as to any papers or documents which the Board determines are confidential, including, but without limitation, papers and documents containing information affecting the security of the United States or adversely affecting the interests of the United States or medical or other information which might result in damage or harm to the appellant or any other person. § 501.9 Regulation of proceedings. The proceedings shall be conducted under the supervision of the Chairman or Acting Chairman, who shall regulate such matters as the granting of continuances, acceptance of briefs and other procedural matters. § 501.10 Number of copies of pleadings and related documents; service. (a) Except as provided in paragraph (b) of this section, any application, pleading, petition, brief or other memorandum shall be filed in duplicate (original and 1 copy) with the Board; the Board shall serve the copy upon the other party. (b) Instead of filing the duplicate of any such document with the Board, the party submitting it may serve the duplicate or copy directly upon the Director and make a notation to that effect upon the copy filed with the Board. (c) Any notice or order required under this part to be given or served shall be by certified or registered mail or by personal service. (a) Representation. In any proceeding before the Board, a party may appear in person, or by counsel or any other duly authorized person, including any accredited representative of an employee organization. No person shall be recognized as representing an appellant or intervenor unless there shall be filed with the Board a statement in writing, signed by the party to be represented, authorizing such representation. Such representative when accepted shall continue to be recognized unless he should abandon such capacity, withdraw, or the appellant or intervenor directs otherwise. (b) Former members of the Board; other employees of the Department of Labor. A former member of the Board shall not be allowed to participate as |