File An Appeal
Visit USDA's YouTube channel to watch an overview of the appeals process.
The National Appeals Division (NAD) oversees appeals ONLY for the following agencies:
FARM SERVICE AGENCY (FSA)
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
RISK MANAGEMENT AGENCY (RMA)
RURAL DEVELOPMENT (RD)
-Rural Housing Service
-Rural Utilities Service
-Rural Business Cooperative Service
If you have received an adverse decision from any of the above agencies that you disagree with, you have the right to file an appeal with the National Appeals Division.
What your appeal request needs for processing:
- A copy of the adverse decision from the Agency that is the basis for your appeal (if available).
- A brief description of why you disagree with the Agency’s decision.
- Appeal must be personally signed by the participant(s) identified in the adverse decision; it does not need to be notarized.
- File your appeal request within 30 calendar days of receipt of the Agency’s adverse decision.
Appeal Request Form: An appeal request form can be downloaded here.
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 here.
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:
- Director Review;
- Reconsideration of Director Review;
- EAJA; and
- EAJA Petition for Review.
NAD E-file has a comprehensive help menu and many onscreen aids to assist in the NAD E-file process. Click here to E-file. If you have a question about the NAD E-file process, send an email to firstname.lastname@example.org or contact Tracey LaBarge at (703) 305-1151.