MSPB Update: Full Quorum Restored!

Feb 13, 2023

excited man at computer

Good news for federal employees who have been waiting years for an MSPB Petition for Review for your Federal Disability Retirement application, with a full quorum the MSPB is making headway on their immense backlog!

The MSPB, whose goal is to promote an effective federal workforce, was unable to hold a quorum for the last five years due to not having enough members on the council. This created increased financial strain and anxiety for those in the backlog of cases. Now that a quorum has been reinstated, we look forward to seeing progress being made.

MSPB Full Quorum Restored

The quorum was restored on March 4th, 2022, when the United States Senate approved two out of three nominees put forth by President Joe Biden. Raymond Limon is now expected to have a term lasting until March 1st, 2025, and Tristan Leavitt will be with the board until the expiration of his term on March 1st, 2023. A third nominee, Cathy Harris was approved on June 1st rounding out the full quorum.

It will take time for the Board members to receive necessary training and begin reviewing and voting on cases and for the Board’s administrative staff to issue the decisions in these cases. MSPB staff members have drafted recommended decisions for the majority of backlog cases, but it is still projected to take several years to clear the entire backlog.

With all three seats filled, the MSPB has already made significant progress on their backlog of over 3,500 cases. According to the MSPB executive director, around 20% of those cases have been decided on, and with Cathy on board, everything is speeding up.

What does this mean for your Federal Disability Retirement case?

If you are in the process of applying for Federal Disability Retirement and are worried about a denial, with a full MSPB quorum, the appeal process will be much smoother and faster.

If you have recently received a denial of your appeal and are beginning the process of submitting a petition to MSPB, please note that you must file your petition for review within 35 days of the initial decision. This time frame is crucial in getting your petition considered.

If you already have a petition to review in the backlog, the quorum will review cases in the order they were received. All cases submitted prior to 2017 when there was no quorum will be reviewed first. This will leave you with a significant wait time on your case but know that the Board is working as fast as they can to get back up to speed.

Important Note:

If you have a petition for review or case pending before the Board, it is recommended to confirm that a valid mailing address or email address is on record in order to receive any updates.

Don’t Risk It Alone

The appeal process is complicated. There are many steps, deadlines, and legal jargon to navigate, and we don’t want you to lose out on this life-changing benefit. Hiring an attorney from the beginning of your Federal Disability Retirement journey can give you the best chance of approval, but it becomes even more important to have legal representation at the appeal and MSPB level.

Appealing to the MSPB involves a telephonic hearing and significant legal arguments to back up your claim. Without the right experience you are risking a denial and losing out on the benefits of Federal Disability Retirement.

Harris Federal Law Firm has helped over 8,000 federal employees apply for this benefit at 99% success rate. Our attorneys are experienced with MSPB cases and know how to present your case for the best chance of approval. Schedule a FREE consultation to get started today.

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