If you disagree with the Funds’ denial of your application for a pension or other benefits, or with the amount of service credited toward your pension, 你可以要求举行听证会. 如果允许举行听证会, 你只有一次听证会, 这将是皇冠搏彩中心网站组织对你的案子的最后决定. You may represent yourself or be represented by an attorney or any individual of your choice at the hearing. 你可以传唤证人为你辩护, and you will have an opportunity to examine the Funds’ file on your case.
的资金 will make every effort to explain the reason for the denial. With the denial, you will receive an explanation of the reasons for the Funds’ decision. 如果你不完全理解判断, you may want to discuss your case with a Funds’ representative. 您可致电皇冠搏彩中心网站呼叫中心 1-800-291-1425，有代表会回答你的问题.
If you still disagree with the decision after this discussion, you may then request a hearing. The conference with a Funds’ representative in no way affects your right to a hearing.
你可以通过填写表格来申请听证会. Copies of the form that can be used to request a hearing are available from the Funds’ Call Center (1-800-291-1425)，以及许多UMWA地区和地方工会办事处.
New Evidence: If you have evidence that has not been submitted to the Funds previously, 把它附在你的听证会请求上. The evidence will be carefully evaluated and could result in the approval of your application without a hearing.
时间限制:你有90天的时间要求听证会. The 90-day period begins on the date of the Funds’ letter of denial, 终止福利, 或者拒绝领取养老金的通知.
Your request for a hearing will be acknowledged promptly by the Funds. Before the actual hearing, a telephone conference will be scheduled. 本次会议期间, a Funds’ staff member will discuss with you the issues in dispute, 证人在听证会上的作用, 在那里你可以获得证据来支持你的主张. You will also be given an opportunity to ask questions about the appeal process. 皇冠搏彩中心网站组织将安排电话会议, and you may ask to have included any person whom you choose to represent you.
Efforts will be made to hold the hearing as soon as possible. You will be notified of the time and place of the hearing at least 15 days before the hearing date. If you are unable to attend the hearing on the scheduled date, call the Funds’ field office immediately and arrange for an alternate date.
Appeals from the denial of an application for disability benefits may require different handling. If the application was denied because a causal link was not established between your mine accident(s) and your disability, the appeal will be resolved by a new review of all the evidence. 不需要面对面的听证会. You will be asked to submit any new medical evidence during the telephone conference. 你的案件档案, 还有任何新的证据, will be reviewed by a member of the Funds’ clinical staff who will issue a final decision. The individual reviewing your file on appeal will not be the same person who made the original determination in your case.
The hearing will be held at the Funds’ field office nearest to your home. Other arrangements may be made where absolutely necessary.
听证会是不收费的. Please note, however, that you will be required to pay your own travel expenses. 皇冠搏彩中心网站不会为您支付任何费用, 你的证人, 或者你的代理人(如果你有的话).
An administrative hearing is an informal proceeding conducted by a Funds’ hearing officer. This individual will have extensive experience in determining eligibility and will recommend a decision based on evidence and testimony. The hearing officer will not be the person who made the original determination in your case. At the hearing, you may represent yourself or be represented by anyone you choose to represent you.
的资金’ hearing officer will state what must be decided in your case. 他或她将审查你的案件的事实, 解释规定, 询问你和你的证人. 你可以提交新的证据, 向听证官提问, and look at all materials (including investigative reports) that are in the Funds’ file on your case.
Be sure to bring all evidence you feel will help establish your eligibility, since the hearing will be your last opportunity to present your case. The hearing officer can consider reasonable requests for a continuance if he or she judges it merited by the circumstances.
只要有可能, the Funds’ hearing officer will give a preliminary indication of the action to be taken on an appeal. Department of Labor regulations require that the Funds’ written decision be sent to you no later than 60 days after the date on which we receive your request for a review, but the Funds may have a 60-day extension under special circumstances.
If your application is approved as a result of the hearing, you will receive payments retroactive to the date of your eligibility for Funds’ benefits. These payments will be made in accordance with the provision of the Plans and Trusts, 皇冠搏彩中心网站监管, and any relevant court rulings or negotiated settlements.
The appeals process is the Funds’ final and definitive action on your case. 如果最初的拒绝被支持, the Funds’ will consider your case closed unless you submit new evidence having a direct effect on your eligibility. 如果你的否认被支持, you have the right to file suit against the Plan to which you are applying for benefits.
更多信息:
If you have any questions that are not answered by this pamphlet, 请联络皇冠搏彩中心网站呼叫中心. The staff there will be glad to answer questions about hearing procedures, 一般规定, 或者你的具体情况.
