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Merit Systems Protection Board (MSPB)

The Poti Law Office provides representation in the following issues before the Merit Systems Protection Board and the Office of Personnel Management:

  • Disability retirement under CSRS and FERS
  • Adverse agency actions
  • Performance based actions

A employee who belongs to either the Civil Service Retirement system (CSRS) or the Federal Employees Retirement System (FERS) can collect a portion of his salary if a medical condition prevents him from continuing work in a government job. It is not a handout, but a right for which you have already paid through contributions to your retirement fund. Medical disability retirement benefits are applied for through the Office of Personnel Management (OPM).

OPM medical disability retirement claims are appealable to the Merit System Protection Board; an administrative panel of judges located in Washington D.C. If denied there, the medical disability retirement claim can be appealed to the United States Court of Appeals for the Federal Circuit.

The majority of the cases before the MSPB are appeals of agency adverse actions -- removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. Other types of actions that may be appealed to the Board include: performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-inforce actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or reemployment rights, and terminations of probationary employees under certain circumstances.

Employee complaints unders the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act, and the Veterans Employment Opportunities Act are also heard by the Board.

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