Frank C. Gutierrez v. Railroad Retirement Board

In 1986, petitioner Frank C. Gutierrez applied for a disability annuity from the Bureau of Retirement Claims of the Railroad Retirement Board (the Board). His application was denied. Gutierrez appealed this decision to the Board’s Bureau of Hearings and Appeals in 1988. The Bureau determined that the appeal was untimely, and that no good cause existed for the untimeliness. Gutierrez appealed this decision to the Board itself, which affirmed the decision of the Bureau.

Gutierrez petitioned this court to review the decision of the Board and to reinstate his appeal. We hold that substantial…