MSPB: What Role Does It Play?

Oct 23, 2013


The Merit Systems Protection Board (MSPB) plays a major role in a federal employee’s disability retirement claim if the applicant has been denied twice by the Office of Personnel Management (OPM). Read on to learn more about the role of the MSPB in your Federal Disability Retirement process.

Understanding the Role of MSPB

If a federal employee has an injury or illness that prevents them from fully performing at least one essential function of their job, then they may be eligible for Federal Disability Retirement benefits. Think of it as an early retirement due to your disability or inability to perform your job.

An employee’s claim for disability retirement benefits is always initially considered by the OPM. Once the application arrives at OPM, it’s assigned to a legal administrative specialist who ultimately will make this initial decision. If the claim is denied, the applicant can appeal and have the application reconsidered by a different legal administrative assistant in the same office. If the claim is denied again, then the applicant next appeal option is to the MSPB.

If a claimant does elect to appeal the reconsideration decision and is successful at getting their case before the court, their claim to the MSPB will feel much more formal. The appeal will be assigned to an administrative judge who will facilitate this appeal. The perspective of your claim for disability retirement benefits will change significantly. Your hired attorney will try to prove that the OPM made an incorrect decision and the OPM will be trying to prove they made an accurate decision.

Get Legal Representation to Maximize Your Chance of Approval

Harris Federal Law Firm, has successfully represented federal employees through these stages of appeal for Federal Disability Retirement claims for over 10 years. If you or someone you know if considering applying for Federal Disability Retirement or already has and needs help, call our office today to schedule a free consultation! We are here to help.

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