§5104B Higher-level Review by the Agency of Original Jurisdiction

Summary

You can ask the agency that made the original decision to have a higher-level reviewer look at it. Your request must be in writing, using the form the Secretary sets, and it must be made within one year of the agency’s decision. You can ask for a reviewer in the same office or a different office. The Secretary must approve every such request and cannot refuse a request for a different office without good cause. The higher-level reviewer will only look at the evidence that was in the original decision. The review is de novo, meaning the reviewer decides the case anew. The agency will send you (and your representative) a notice that says if any evidence was not considered and what options you have, if any, to get that evidence looked at.