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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.



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

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

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

Fourth Circuit (Maryland, Virginia, West Virginia, North Carolina, South Carolina)
Patricia S. Connor, Clerk
U.S. Court of Appeals
  for the Fourth Circuit
1100 East Main Street
Room 501
Richmond, VA 23219-3517
(804) 916-2700

Fifth Circuit (Louisiana, Texas, Mississippi)
Lyle W. Cayce, Clerk
U.S. Court of Appeals   for the Fifth Circuit
600 S. Maestri Place
New Orleans, LA 70130-3408
(504) 310-7700

Sixth Circuit (Ohio, Kentucky, Tennessee, Michigan)
Leonard Green, Clerk
U.S. Court of Appeals
  for the Sixth Circuit
100 East 5th Street, Room 424
Cincinnati, OH 45202
(513) 564-7000

Seventh Circuit (Wisconsin, Illinois, Indiana)
Gino Agnello, Clerk
U.S. Court of Appeals
  for the Seventh Circuit
219 South Dearborn Street
Room 2722
Chicago, IL 60604
(312) 435-5850

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

Ninth Circuit (Washington, Oregon, Montana, Idaho, California, Nevada, Arizona, Alaska, Hawaii)
Molly C. Dwyer, Clerk
U.S. Court of Appeals
  for the Ninth Circuit
95 Seventh Street
San Francisco, CA 94103
(415) 355-8000

Tenth Circuit (Wyoming, Utah, Colorado, Kansas, Oklahoma, New Mexico)
Elisabeth A. Shumaker, Clerk
U.S. Court of Appeals
  for the Tenth Circuit
1823 Stout Street
Denver, CO 80257
(303) 844-3157

Eleventh Circuit (Alabama, Georgia, Florida)
John Ley, Clerk
U.S. Court of Appeals
  for the Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, GA 30303
(404) 335-6100

District of Columbia Circuit (Washington D.C.)
Mark J. Langer, Clerk
U.S. Court of Appeals
  for the D.C. Circuit
3rd and Constitution Avenue, N.W.
Washington, D.C. 20001
(202) 216-7000