NAD Appeals

If you have any questions about the information in the video, please contact a NAD Regional Office. 

 

File An Appeal

Para Presentar una Apelación en Español: En Español

Options for filing your appeal request:

E-file, facsimile, USPS, UPS, FedEx. For addresses and phone numbers, visit our contact page.

What your appeal request needs for processing

1. A copy of the adverse decision from the Agency that is the basis for your appeal (if available).
2. A brief description of why you disagree with the Agency’s decision.
3. Appeal must be personally signed by the participant(s) identified in the adverse decision; it does not need to be notarized.
4. File your appeal request within 30 calendar days of receipt of the Agency’s adverse decision.
    

Download Appeal Request Form

• English (PDF, 986 KB)

Representative Authorization Form: If you are a representative filing on behalf of a participant, you will need to file a written statement that states the participant is appealing a specific adverse decision and that you are authorized to represent the participant. The authorization form must be signed by the participant and can be downloaded at the following link: NAD Authorization Form (DOC, 25 KB).

Appealability Requests:  An agency may state that an adverse decision is “not appealable.” If you disagree, you may request a determination from NAD as to whether the decision should be appealable. The time frame for requesting an appealability determination, and information needed for processing the request, is the same as when requesting an appeal (see above). If the NAD Director determines the agency’s decision is appealable, your case will be assigned to a NAD Administrative Judge.

E-file:Participants and their authorized representatives can file all NAD appeals electronically through this web site. A participant, or a participant’s representative, sets up a NAD E-file account application and then simply follows the prompts to request an appeal on a new adverse decision or to file the next level of an appeal for an existing case.

The NAD E-file application accepts six types of NAD Appeals:

1. Appealability;
2. Appeal;
3. Director Review;
4. Reconsideration of Director Review;
5. EAJA; and
6. EAJA Petition for Review.

NAD E-file has a comprehensive help menu and many onscreen aids to assist in the NAD E-file process. If you have a question about the NAD E-file process, send an email to sm.oha.info@usda.gov or contact Tracey LaBarge at (703) 305-1151.

Submit a NAD E-file Application