MSPB And The Appellate Process- Part 1

Feb 3, 2012

MSPB courthouse columns

This article will serve as the first of two parts about the MSPB and the Appellate Process.

It is important for Federal Employees to be familiar with their rights and how the appellate process for their Federal Disability Retirement claim works. Initially, a Federal Employee (called a claimant at this stage) applying for Federal Disability Retirement will submit their application to the Office of Personnel Management or OPM. There are three main eligibility requirements for Federal Disability Retirement, you must be a FERS career employee, you must have 18 months of creditable service, and you must have an injury or illness that is preventing you from fully performing your job duties. The OPM will decide whether or not to approve your application based upon their examination of the submitted documents and pertinent facts.

Once submitted, and if the initial submission is denied, (based upon OPM’s claim that there is a burden the claimant is said to have not met), the next step in recourse for the claimant (now called appellant) is to seek reconsideration of the denial. Reconsideration is part of the appellate process and commonly referred to as step two. At this point, the appellant can submit additional medical evidence in an attempt to have the initial decision “reconsidered” and overturned.

However, if the reconsideration step does not overturn the initial decision of denial for Federal Disability Retirement, the appellant can submit an appeal to the Merit System Protection Board (herein referred to as MSPB). If the MSPB has accepted the appellant’s case for review, it is assigned to an administrative judge. At this point, both the agency and the appellant will be informed of MSPB’s decision to consider the appeal. The agency will receive an Acknowledgment Order and a copy of the appeal filed by the appellant.

The agency has the ability to file a response to the appeal filed by the appellant whereby the administrative judge will review the responses of both parties and direct either or both parties of any subsequent pleadings necessary to qualify this step in the appellate process.

To Be Continued…

Message us & find out if you qualify today!

  • This field is for validation purposes and should be left unchanged.

Recent Articles

6 Key Reasons Why Your Disability Retirement Application Was Denied

Have you recently applied for Federal Disability Retirement, only to receive a denial? The Office of Personnel Management (OPM) is denying more initial applications than ever. However, it's important to understand that a denial does not mean the end of the road for...

Federal Employee Resources

Our ever growing library of federal employee resources give you the knowledge you need to make smart choices about your future.

FAQs

Frequently Asked Questions

Get the answers you need on-demand, from a team of federal employee benefits professionals.

View FAQ
Webinars

Federal Benefit Webinars

Twice per month we host webinars to help federal employees better understand their benefits and answer their questions LIVE.

See Webinar Schedule
Guides

Benefit Guides

From guides to detailed charts, these educational resources will help clarify confusing federal employee benefits topics.

See our resources