MSPB Appeal Deadline: 30 Days to File After OPM Disability Denial

After OPM denies your FERS disability reconsideration, you generally have 30 calendar days to file an appeal with the Merit Systems Protection Board, measured from the later of the effective date or your receipt of the decision. Missing that deadline can lead to dismissal, although MSPB may waive it for good cause. A waiver is not automatic, and the deadline is shorter than most people expect.

How the 30-Day Clock Works

Under 5 C.F.R. § 1201.22(b), you must file your MSPB appeal within 30 calendar days of either the effective date of OPM's final reconsideration decision or 30 calendar days after you received the decision — whichever is later. Calendar days means every day counts, including weekends and federal holidays. The one exception: if the 30th day falls on a Saturday, Sunday, or federal holiday, the deadline extends to the next business day.

The later of the effective date and the date you received the decision controls, not the mailing date alone. If OPM's final decision became effective October 1 but you received it October 5, the later date is October 5. Keep the envelope and note the date of receipt in case timeliness is questioned.

Filing Through MSPB e-Appeal Online

The fastest and most reliable way to file is through the MSPB's electronic filing system, e-Appeal Online, at e-appeal.mspb.gov. Electronic submissions are date-stamped at the time of submission — no ambiguity about whether your appeal arrived on time.

Your appeal goes to the MSPB Regional or Field Office that has geographic jurisdiction over your last duty station or current residence. The e-Appeal system routes it automatically. If you prefer paper filing, you can submit by postal mail (postmark date counts), commercial delivery service, or fax to the appropriate regional office.

Your initial filing needs to include:

• A statement that you're appealing OPM's final reconsideration decision
• A copy of OPM's final denial letter
• A brief description of your disability claim and why OPM's decision is wrong
• Your contact information and preferred hearing format (telephone, video, or in-person)

What Happens After You File

Once the MSPB receives your appeal, an Administrative Judge is assigned to your case. The AJ issues an Acknowledgment Order that confirms receipt, assigns your docket number, orders OPM to submit its complete administrative file (called the Rule 4(b) file), and sets initial litigation deadlines.

The AJ is the judge who will hear your case. They schedule a prehearing conference to define the disputed issues, set deadlines for evidence exchange, and explore whether the case might settle through the MSPB's Mediation Appeals Program. If your case goes to hearing, it's typically conducted by video conference or telephone rather than in person.

At the hearing, you present your evidence and testimony. If your agency removed you for medical inability, the Bruner presumption shifts the initial burden to OPM to produce evidence that you're not entitled to disability retirement. After both sides present, the AJ issues a written Initial Decision. Under current MSPB performance targets, roughly 55% of initial appeals are decided within 120 days, though complex disability cases can take four to eight months.

Can You Get More Time?

The MSPB can extend the filing deadline, but only under narrow circumstances. You must show good cause for the late filing — typically that you were prevented from filing by circumstances beyond your control, or that you didn't receive notice of the deadline. A general claim that you needed more time to prepare isn't enough.

If you think you might miss the deadline, file a bare-bones appeal within the 30 days and then supplement it with additional evidence and argument afterward. Getting something filed on time is infinitely better than filing a polished brief a day late.

Protecting Your Appeal Rights

The 30-day MSPB deadline is one of several strict timelines in the disability appeal process. OPM must receive your reconsideration request within 30 calendar days from the date of its initial decision under 5 C.F.R. § 841.306(d)(1). If OPM denied reconsideration too, this MSPB filing deadline is your last administrative remedy before judicial review at the Federal Circuit.

The FERS Disability Denial Appeal Guide covers the full MSPB timeline — from filing through hearing preparation to the Initial Decision — with deadline tracking worksheets and a filing checklist that ensures nothing gets missed during the 30-day window.

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