.05 Hearing Decision Implementation
 
(04/01/16 - 05/31/16)
FAA staff must take action to implement all hearing decisions and remands within TEN calendar days. These include the following:
 
Affirm means that the decision found FAA’s determination of the benefits to be correct.
Reverse means that the decision found FAA’s determination of the benefits to be incorrect.
Dismiss means that a decision was made to dismiss or deny the hearing due to one of the following:
The appellant (or representative) failed to, or did not establish good cause for not appearing at the hearing.
The appellant voluntarily withdrew the hearing.
The appellant did not request, or provide good cause for not requesting, the hearing in a timely manner.
Remand is a decision that specific actions are needed on the case.
 
WARNING
When the participant receives a notice of discontinuance and files a FH before the effective date of closure, they are eligible for continued benefits.
When the Administrative Law Judge remands the issue back to the local office for a new determination, the participant has the option to file a FH on the new decision. When the participant files a FH on the new decision, the participant is entitled to request continued benefits under the new timeframe.