The Merit Systems Protection Board and Federal Disability Retirement

by | Mar 19, 2016

Last Updated April 12, 2024
merit systems protection board

There are over 4,000 pages in the 2015 edition of A Guide to Merit Systems Protection Board Law and Practice. This lengthy reference guide provides practice guidance and analyses of relevant statutes, regulations and case law pertaining to the Merit System Protection Board (MSPB) and its reviewing court, the Federal Circuit. This massive book serves as a pertinent representation of the MSPB legal system: it can be downright dense and difficult to navigate.

Federal disability retirement claimants will not have to take their case to the MSPB unless the Office of Personnel Management (OPM) denies their claim after an appeal. After a claim is denied twice under the OPM, the claimant will then have the right appeal their case to the MSPB, which has a more formal process than the OPM. The MSPB treats an appeal like a court case — there are specific statutes to abide by, strict deadlines to follow, and legal jargon that can be intimidating and difficult for a non-legal professional to understand. For this reason, many federal benefit representatives will only offer representation through the first appeal with OPM. If the case moves forward to the MSPB, the client will have to seek representation elsewhere.

Merit Systems Protection Board Representation At Harris Federal

At Harris Federal, our legal fee is a flat fee, which includes MSPB representation if your case requires it. By far, the majority of our cases are approved by OPM during the first phase; however, if it requires moving on to the MSPB, we are here to help! Most of our MSPB cases are from clients who either represented themselves when presenting their case to the OPM, or sought legal representation elsewhere, and chose to hire us for the MSPB appeal. Though we do take these cases, we highly recommend hiring us from the beginning, so we can help your claim be approved the first time with OPM. If we choose to take your case, it’s because your case is one believe in, and we want to see it through to the end.

Our office offers free consultations. If you think you may qualify for federal disability retirement or OWCP federal workers’ compensation, please call us at (877) 226-2723 or fill out an INQUIRY FORM to speak with someone about your case.

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