MSPB Pre-Hearing Conference in Disability Retirement Appeals

What the Pre-Hearing Conference Is and Why It Matters

After you file an MSPB appeal of your FERS disability retirement denial, the assigned Administrative Judge schedules a pre-hearing conference before the evidentiary hearing takes place. This isn't the hearing itself — no witnesses testify and no evidence is formally admitted. Instead, the AJ uses this conference to shape the hearing: narrowing the legal issues, setting deadlines, managing exhibits, and sometimes exploring whether settlement is possible.

The pre-hearing conference is typically conducted by telephone. It's less formal than the hearing, but what happens here directly determines how your case will be tried.

What the AJ Covers at the Conference

The Administrative Judge has several objectives:

Clarifying the disputed issues. The AJ identifies which elements of your FERS disability claim OPM actually contests. If OPM concedes that you have a medical condition but disputes the causal connection to your service deficiency, the hearing focuses only on the disputed element. This narrows the scope and saves everyone time.

Prehearing statements. Before the conference, both parties typically submit written prehearing statements. Yours should outline:

• The legal issues in dispute
• A list of witnesses you intend to call, with a brief summary of their expected testimony
• An indexed exhibit list of all documents you plan to introduce at the hearing
• Any stipulations — facts both sides agree on

Prepare your prehearing statement carefully. If you forget to list a witness or exhibit, the AJ may exclude it from the hearing.

Discovery disputes. If OPM refused to comply with your discovery requests, or if you have outstanding motions to compel, the AJ addresses these at the conference. This is your opportunity to argue for documents or answers OPM has withheld.

Scheduling. The AJ sets the hearing date, confirms whether it will be conducted by video conference, telephone, or in person (video and telephone are standard post-pandemic), and establishes deadlines for final witness and exhibit lists.

Settlement Through the Mediation Appeals Program

The MSPB operates a Mediation Appeals Program (MAP) for cases where settlement might be possible. The AJ may raise settlement at the pre-hearing conference or refer the case to a separate mediator.

In a disability retirement case, settlement terms depend on the parties. The AJ may raise settlement at the conference or refer the case to MAP, but the parties decide whether to agree and on what terms.

If settlement is discussed, you're not obligated to accept any offer. The AJ cannot force settlement.

Preparing for the Conference as a Pro Se Appellant

If you're representing yourself, the pre-hearing conference can feel intimidating. OPM will be represented by an experienced attorney from their Office of General Counsel. But the conference is procedural, not adversarial. The AJ's role is to ensure a fair and efficient hearing, and AJs are generally patient with pro se appellants.

Before the conference:

• Read the Acknowledgment Order thoroughly. It outlines what the AJ expects from both parties, including deadlines for prehearing submissions.
• Draft your prehearing statement. List every witness and every document you plan to use. Organize exhibits chronologically or by topic. Number each exhibit.
• Prepare a one-page summary of your case. The AJ may ask you to describe the dispute briefly. Know the specific elements OPM denied and the evidence you have to rebut each one.
• Have your calendar ready. The AJ will propose hearing dates. Conflicts are fine — say so during the conference rather than requesting a postponement later.

What Happens After the Conference

The AJ issues a pre-hearing order summarizing the conference results: the issues for hearing, the witness and exhibit lists, the hearing format and date, and any rulings on discovery disputes. Review this order carefully. If it omits something discussed at the conference, file a motion to amend promptly.

From the conference to the hearing, you're in final preparation mode. Organize your exhibits in the order the AJ specified. Prepare your direct examination questions for any witnesses. Review OPM's exhibit list and prehearing statement to anticipate their arguments.

The hearing itself — where the AJ administers oaths, hears testimony, and receives evidence — typically follows within weeks to a few months of the pre-hearing conference. After the hearing, the AJ issues a written Initial Decision, usually within 120–180 days of the original appeal filing.

The FERS Disability Denial Appeal Guide walks through MSPB hearing preparation step by step, including how to structure your prehearing statement, organize exhibits, and prepare for cross-examination of OPM's medical consultant.

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