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Notice of Appeal Rights

A Decision of the Benefits Review Board shall become final sixty (60) days after its issuance unless a written petition for review is filed with the appropriate United States Court of Appeals prior to the expiration of the sixty (60) day period, or unless a timely request for reconsideration is filed with the Board. 33 U.S.C. Section 921; 30 U.S.C. Section 932(a); 20 C.F.R. Sections 802.406, 802.407. Therefore, you are advised that you may SEEK RECONSIDERATION OF, OR APPEAL, a final decision of the Board within the time limits set forth below. THE TIME LIMITS CANNOT BE EXTENDED, AND YOU MUST SUBMIT YOUR REQUEST TO THE PROPER PLACE WITHIN THE TIME PROVIDED.

If you seek RECONSIDERATION by this Board (that is, if you want the Board to reconsider its decision), you must submit to the Board a written Motion for Reconsideration within 30 DAYS OF THE DATE STAMPED ON THE FRONT OF THIS DECISION. Your motion should identify any error you find in the Board's opinion and state the reasons you believe warrant further consideration of your case. If you file a timely motion for reconsideration, you will have sixty (60) days from issuance of the Board's decision on reconsideration to file an appeal with a Court of Appeals, as set forth below.

Alternatively, if you wish to APPEAL to a United States Court of Appeals, you must insure that a petition for review is received by THE APPROPRIATE COURT (NOT THIS BOARD) WITHIN SIXTY (60) DAYS OF THE DATE STAMPED ON THE FRONT OF THIS DECISION. The petition for review should contain the case number and the date of the Board's decision. The petition should be sent to the Court of Appeals that covers the state in which the employee's injury occurred. In a black lung claim, any state in which the miner had coal mine employment may be considered the state in which the injury occurred (i.e., for a black lung appeal, you may file in any Court of Appeals covering any state in which you worked as a miner). Listed below are the twelve Courts of Appeals and the states they cover. You should identify the court covering the state of injury (including all states of coal mine employment for black lung claims) and file your petition with that court. If you have questions about your case, call the clerk of the court at the number shown below. If you appeal directly to the Court of Appeals, you may not later get reconsideration by the Board. However, if you seek Board reconsideration, you may later appeal the Board's ruling on reconsideration to the Court of Appeals.

In Defense Base Act cases, the United States Courts of Appeals for the Fourth, Fifth, Sixth and Eleventh Circuits have held that Board decisions must initially be appealed to the United States District Court where the office of the appropriate district director is located.

If you have any questions about the procedures to be followed in your case, call the Office of the Clerk of the board at 202-693-6300.

COURTS OF APPEALS

First Circuit

Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island
Margaret Carter, Clerk
U.S. Court of Appeals for the First Circuit
1 Court House Way
Suite 2500
Boston, MA 02210
617-748-9057
www.ca1.uscourts.gov

Second Circuit

Connecticut, New York, Vermont
Catherine Ohagan Wolfe, Clerk
U.S. Court of Appeals for the Second Circuit
40 Foley Square
Room 1702
New York, NY 10007
212-857-8544
www.ca2.uscourts.gov

Third Circuit

Delaware, New Jersey, Pennsylvania, Virgin Islands
Marcia M. Waldron, Clerk
U.S. Court of Appeals for the Third Circuit
21400 U.S. Courthouse
601 Market St
Philadelphia, PA 19106
215-597-2995
www.ca3.uscourts.gov

Fourth Circuit

Maryland, North Carolina, South Carolina, Virginia, West Virginia
Patricia S. Connor, Clerk
U.S. Court of Appeals for the Fourth Circuit
1100 E Main St
Room 501
Richmond, VA 23219-3517
804-916-2700
www.ca4.uscourts.gov

Fifth Circuit

Louisiana, Mississippi, Texas
Lyle W. Cayce, Clerk
U.S. Court of Appeals for the Fifth Circuit
600 S Maestri Pl
New Orleans, LA 70130-3408
504-310-7700
www.ca5.uscourts.gov

Sixth Circuit

Ohio, Kentucky, Michigan, Tennessee
Leonard Green, Clerk
U.S. Court of Appeals for the Sixth Circuit
100 E 5th St
Room 424
Cincinnati, OH 45202
513-564-7000
www.ca6.uscourts.gov

Seventh Circuit

Illinois, Indiana, Wisconsin
Gino Agnello, Clerk
U.S. Court of Appeals for the Seventh Circuit
219 S Dearborn St
Room 2722
Chicago, IL 60604
312-435-5850
www.ca7.uscourts.gov

Eighth Circuit

Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
Michael Gans, Clerk
U.S. Court of Appeals for the Eighth Circuit
Thomas F. Eagleton Court House
111 S 10th St
Room 2432.9
St Louis, MO 63102
314-244-2400
www.ca8.uscourts.gov

Ninth Circuit

Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington
Molly C. Dwyer, Clerk
U.S. Court of Appeals for the Ninth Circuit
95 7th St
San Francisco, CA 94103
415-355-8000
www.ca9.uscourts.gov

Tenth Circuit

Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
Elisabeth A. Shumaker, Clerk
U.S. Court of Appeals for the Tenth Circuit
1823 Stout St
Denver, CO 80257
303-844-3157
www.ca10.uscourts.gov

Eleventh Circuit

Alabama, Florida, Georgia
John Ley, Clerk
U.S. Court of Appeals for the Eleventh Circuit
56 Forsyth St NW
Atlanta, GA 30303
404-335-6100
www.ca11.uscourts.gov

District of Columbia Circuit

Washington, DC
Mark J. Langer, Clerk
U.S. Court of Appeals for the D.C. Circuit
333 Constitution Ave NW
Washington, DC 20001
202-216-7000
www.cadc.uscourts.gov