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How Do I File an MSPB Appeal?

How Do I File an MSPB Appeal?

To file an MSPB appeal, you’ll need to visit the e-appeal online website and use the interactive application. The website provides information regarding how to properly complete your application and can help walk you through your claim. There is also an appeal form  you can download if you prefer to complete a paper application instead. Your application can be submitted by mail, fax, or delivery. The MSPB doesn’t accept applications sent through email.

When Should I File?                                                                                                             

In many cases, your appeal needs to be filed within 30 days of the effective date of the action or 30 days after you’ve received the agency’s decision. The filing of an appeal may be extended if you and the agency agree to resolve the dispute through another resolution process. In this case, the extension is usually 60 days.

IRA, USERRA, & VEOA Appeals

Individual Right of Action (IRA) appeals made by whistleblowers must be filed within 65 days of the notice advising that corrective action will not be sought. Uniformed Services Employment and Re-employment Rights Act (USERRA) appeals do not have time limits for when to file. Veterans Employment Opportunities Act (VEOA) appeals must be filed with the Secretary of Labor and have a 60-day time frame to resolve the matter at hand. After the 61st day, you can file an appeal with the MSPB.

What Happens After I’ve Filed My Appeal?

The Administrative Judge (AJ) assigned to your case will issue an Acknowledgment Order to you and the agency. The order tells the agency to submit a statement explaining the reasons why the personnel action or decision is being challenged. Questions the AJ might have can be brought up later during the adjudication of the appeal. After the hearing, the AJ will issue their initial decision. This decision must explain all material issues of fact and law, summarize the evidence, and resolve any issues of credibility. The Administrative Judge's conclusions of the law and legal reasoning should be detailed as well.  

We Want to Help You with Your MSPB Appeal

You should seek experienced legal representation if you’re planning on filing an MSPB appeal. Our MSPB attorney can help you with the filing process. We have the legal insight you’ll need for this complicated process.

Call (877) 771-2231 now to learn how our DC federal employment lawyer can help with your case.

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