I have done some research on recent MSPB Initial Decisions in Catch 62 appeals, and wanted to publish some statistics for you. Over the coming weeks, more statistics will be published.

Today’s statistic breaks down how the various MSPB offices are deciding Catch 62 cases. The statistic below shows the percentage of Catch 62 appeals, for each office of the  MSPB, between July 1, 2008, and October 17, 2008, in which OPM prevailed.

An OPM ‘victory’ includes those cases that were dismissed as untimely filed, or in which the Appellant voluntarily withdrew his or her appeal after filing.

ATLANTA Regional Office: 73% (pro-OPM)

CHICAGO Regional Office: 57% (pro-OPM)

DALLAS Regional Office : 44% (pro-OPM)

DC Regional Office: 43% (pro-OPM)

DENVER Field Office: 33% (pro-OPM)

NEW YORK Field Office: 33 % (pro-OPM)

NORTHEASTERN Regional Office: 60% (pro-OPM)

WESTERN Regional Office: 58% (pro-OPM)

These statistics generally don’t inform us of anything in a particular case. What it does suggest is that if your Catch 62 appeal is before the Atlanta Regional Office or Northeastern Regional Office, you may want to take advantage of broader discovery, including third-party discovery, and you may want to consider consulting an attorney to make sure the record in your case is preserved for appeal.

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.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about Catch 62 issues, or OPM’s reduction of your retirement annuity at age 62, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.