The MSPB Appeals Process

Melville Johnson

April 6, 2020

A Petition for Review is a pleading where you would file an appeal to the Appeal’s Board. The Appeals Board is comprised of three MSPB Judges. These Judges will determine whether or not the Administrative Judge correctly decided the case or, if a fact or law was not considered, and whether or not the case needs to be remanded back to the original Administrative Judge for a new ruling.

In a Petition for Review, one must argue that the initial decision contains an erroneous finding of material fact (meaning the Administrative Judge did not properly apply a material fact), or the decision contained an erroneous application of case law or statute. One must then explain how the mistakes affected the case to the point that a new decision needs to be issued. A Petition for Review is comprised of a single brief which contains these arguments. The Notice of Appeal must be filed within(30) days following the Judge’s initial decision. [1]

The MSPB attorneys at Melville Johnson are dedicated to advocating for federal employees to ensure their legal needs are met. Call or message us today to discuss your situation and learn how we can assist you.

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[1] MSPB Website: How to File an Appeal.

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This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313