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Why Is There A Backlog For MSPB Appeals?

If you have filed a written petition for review (PFR) in an appeal pending with the Merit Systems Protection Board (MSPB), the odds are that your case is part of the large backlog the two new MSPB judges are facing. While it can be stressful to wait for your decision, our top-rated, award-winning federal employment attorneys at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC share why this backlog exists.

The Structure of the MSPB

The MSPB is a board of three presidentially-nominated, Senate-confirmed members who decide upon written PFRs filed by appellants and agencies who have lost some aspect of an appeal decided by one of the Board’s administrative judges on the merits. The MSPB members hold seven-year terms per appointment. There must be a quorum of at least two Board members to decide issue final written decisions on PFRs.

Unfilled Seats on the MSPB

From January 2017 to March 2022, all three seats on the Board were vacant and while MSPB administrative judges still held hearings on and issued initial decisions on adverse action appeals filed by federal employees, PFRs from those judge initial decisions had to wait to be decided until a quorum was reached. Over the five-year period without a quorum, over 3,600 PFRs were filed, creating the current backlog. With a quorum now instated, the two MSPB members confirmed by Congress on March 1, 2022, Raymond Limon and Tristan Leavitt, can now begin chipping away at the backlog.

With such a large backlog and more PFRs filed each day, it will take some time for pending PFRs to be decided. If you have a pending MSPB appeal and would like to be represented before the Board, contact our Firm at (202) 350-3881 to secure our legal representation.

To learn more about what happens with MSPB appeals, read our blog.

Top-Rated, Award-Winning Federal Employment Attorneys

At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, our MSPB appeals attorneys are prepared to fight for your legal rights and advocate for your best interests. If you are filing an appeal with the MSPB, our attorneys can represent you fully litigate your appeal.

Are you considering filing an MSPB appeal? Schedule a consultation with one of our top-rated, award-winning federal employment appeals attorneys today by calling (202) 350-3881 or contacting us online.