What is the Merit Systems Protection Board (MSPB)?
The MSPB is an “independent, quasi-judicial agency” within the executive branch of government. Its main purpose is to protect the civil service merit selection system. It also maintains diversity and effectiveness in the federal workforce.
The MSPB hears appeals from employees and reviews the actions of the Office of Personnel Management (OPM). It also upholds the merit principles established in the Civil Service Reform Act of 1978.
The nine merit principles range from seeking to recruit qualified workers to protecting equal pay for equal work. The MSPB seeks to protect federal employees from reprisals by their agencies for whistleblowing on issues of fraud, waste and abuse and it protects employees from agency favoritism, or arbitrary or coercive action.
Appeals
If you are a civil servant and lose your job, generally you can appeal to the MSPB. They also handle suspensions lasting more than 14 days, pay/grade reductions, and furloughs lasting less than 30 days. Further, they handle a lot of retirement matters, especially if a federal disability retirement case has been denied twice.
Under the Whistleblower Protection Act of 1989, a federal employee who alleges a personnel action was taken (or threatened) due to whistleblowing may seek corrective actions from the Board directly. They also deal with cases that have a discrimination aspect to them.
If an employee is not satisfied with the Board’s final decision, they can request that the Equal Employment Opportunity Commission review the Board’s decision. Then, if the EEOC and Board can’t come to an agreement, the case is then referred to the Special Panel for final resolution. The Special Panel consists of a chairman who is appointed by the President, one member of the Board appointed by the MSPB Chairman, and finally one EEOC Commissioner appointed by the EEOC Chairman.
Merit Systems Studies
The Board also conducts merit systems studies. The MSPB reported on its study of effective hiring practices in the federal government. They analyzed data and examined all areas of the hiring process, including internal processes, advertising online, and candidate assessments.
How Does the MSPB Play into my Federal Employee Disability Claim?
When you file for Federal Disability Retirement, the OPM will review your case and determine whether you meet the eligibility requirements. The OPM must follow the law and federal rules regarding your eligibility and qualifications for disability retirement benefits.
If what the agency or official does is prohibited by law, then you may have a right to appeal. Naturally, the decision to appeal a denial of a retirement claim arises when you, or your representative, after reviewing the denial fairly believe that the denial was not proper and based on a factor that is illegal or is a prohibited personnel practice.
Appealing Your Denial of Federal Disability Retirement
Receiving an adverse determination by the OPM regarding your Disability Retirement eligibility can be frustrating. You may feel anger or resentment. However, the MSPB was set up to help streamline these appeals rather than bog down the court systems. That does not mean that the Merit System Protection Board will take your side. However, you will get your appeal heard.
According to the MSPB’s website, the second highest number of appeals it receives is from retirement decisions made by the Office of Personnel Management.
Most appeals must be filed within 30 days of the initial agency action, or within 30 days of receiving the agency’s decision, whichever is last. If the parties agree to attempt a mediation, that creates an extension. As a result, the amount of time to file is extended by 30 days. This brings the total time frame to 60 days.
How to File Your Appeal
The MSPB has a separate website devoted to filing appeals through the Internet. It’s called e-Appeal Online. You can fill out the proper forms and submit them online. You can also make changes to your appeal, add addendums, and review filed forms.
The Administrative Judge assigned to the case will issue an Acknowledgement Order. This sends a copy of the appeal to the agency and it directs the agency to submit a statement to its reason for taking the action/decision being challenged. The Acknowledgement Order will also order the appellant to submit evidence and make arguments.
The Administrative Judge will issue notices and orders and generally hold one or more pre-hearing conferences. The purpose of these is to clarify and narrow down the issues being appealed. After the hearing, the Administrative Judge issues an initial decision. The decision is required to identify all material issues of fact and law, summarize evidence, resolve any creditability issues, and include the Administrative Judge’s conclusions of law and legal reasoning.
More information on the appeal process can be found on the MSPB’s webpage.
Given the number of appeals and the difficulty and confusion surrounding the rules, a qualified representative like those at Harris Federal Law Firm may be an option to consider to ensure you receive federal disability benefits.
If you’re considering Federal Disability Retirement, please give us a call to schedule a free consultation to see if you qualify.
