The Federal employee or postal worker applying for FERS or CSRS federal disability retirement has thirty (30) days from receipt of the OPM reconsideration to file an MSPB appeal challenging OPM‘s denial of federal disability retirement Benefits.
Often, the federal employee or postal worker who cannot or has not hired an attorney runs the risk of missing this deadline if their medical condition worsens and hospitalizes them. Now, the MSPB loves it deadlines, and will find any missed deadline as good enough reason to dismiss an appeal. The MSPB Administrative Judge may waive the untimely filed MSPB appeal for good cause; however, practically speaking as an experienced practitioner before the MSPB, the circumstances under which most MSPB Judges will waive an untimely filed appeal are exceedingly and increasingly rare.
The best thing to do is – if you know your MSPB appeal may be late – is to file a request for an extension to the 30 day limit. There is no telling whether the particular MSPB Regional or Field Office will grant that extension (my experience is that they are often ignored at the Regional or Field level). Even if it is ignored, you can later argue that you exercised due diligence before the deadline passed.
If the Federal Employee or Postal worker does miss the deadline to file their MSPB appeal challenging OPM‘s denial of federal disability retirement benefits, the best chance that the Appellant has to prove good cause is to submit an affidavit outlining the following facts:
(1) the time period during which the Postal Worker or Federal Employee suffered from the illness;
(2) medical and/or corroborating evidence showing that the USPS or Federal employee suffered from the alleged illness during that time period; and,
(3) an explanation by the Federal employee or Postal Worker as to how the illness prevented him or her from timely filing an MSPB appeal or a request for an extension of time
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 or postal worker, with some power. This information is not widely or easily accessible to Federal Employees or postal workers.
The Law Office of Eric Pines 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 are an employee of the USPS, or a Federal employee under FERS or CSRS, and are considering applying for federal disability retirement to OPM, or would like to discuss your application for 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 Law Office of Eric Pines to schedule a telephone consultation.