How Long Does an Appeal to the MSPB Take: MSPB’s 120-Day Standard

MSPB 120-Day Standard

How long does it take to get a holding at the MSPB. The MSPB has what is called the 120-day standard. This simply means that as a general rule, the Merit Systems Protection Board’s policy is to adjudicate all appeals within 120 days – except for good cause. If a party seeks a continuance to after the 120 days, “good cause” might include reasons based on due process and fairness considerations. More specific reasons would, of course, be based on the unique circumstances in each case.

Other articles on MSPB can be found at: Filing an Appeal to the MSPB and Removal from Federal Government Service.

The reality is that sometimes “good cause” might have nothing to do with the Appellant at all. Sometimes the Administrative Judge (AJ) hearing your case might be dealing with a large caseload so that adhering to the 120-day standard is just not feasible. However, in our experience most Administrative Judges handles cases in an efficient and professional manner and if the parties are cooperative, the judge complies with this 120-day Standard in most cases.

More often than not, the 120-day standard does depend, to a large extent, on timely action by the parties in meeting deadlines and adhering to imposed procedures. It is therefore a good idea to seek professional assistance in navigating the MSPB Appeals process.

If you want to know more about Appeals in MSPB, you may schedule a free initial consultation with a lawyer at: Schedule a Call with an Attorney.

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