A recent   MSPB decision issued by the full board issued earlier this week has significant ramifications for some federal employees and postal workers who have been denied  federal disability retirement and who are currently appealing that decision to the  MSPB .

To explain the significance of the decision, a little background is necessary.  We have often mentioned in this blog and in our website, that  OPM may withdraw its decision denying  federal disability retirement while a matter is pending before the  MSPB Administrative Judge.   Typically, the  MSPB Administrative Judges have found that this action moots the appeal, and the  MSPB AJ’s issued an initial decision.

In a recent  MSPB Decision, Frank v. OPM, 2010 MSPB 9 (2010), the full  MSPB reinforced recent case law from the Federal Circuit and the  MSPB that for an appeal to be deemed moot, the appellant must have received all of the relief that he could have received “if the matter had been adjudicated and he had prevailed,” see Harris v. Department of Transportation, 96 M.S.P.R. 487, ¶ 8 (2004).

The full MSPB explained in its decision that an “…appeal may not be dismissed as moot until the agency has submitted acceptable evidence that it has actually afforded the appellant all relief to which he would be entitled if the appeal had been adjudicated and he had prevailed.  OPM’s assertion that ‘[u]pon receipt of the Initial Decision, the appellant’s case file will be forwarded to the appropriate Adjudication Division to determine the benefit payable…does not show that it has afforded the appellant all relief to which he would be entitled if he were to prevail in his appeal. Thus, although OPM’s rescission of its reconsideration decision divested the Board of jurisdiction over this appeal, it did not render the appeal moot.”

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for  federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of  federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and  federal disability retirement appeals to discuss the facts and law of your particular case. If you have questions about federal disability retirement under FERS or CSRS, or OPM’s denial of your applications for  federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Attig Law Firm to schedule a telephone consultation.