MSPB Appeals Lawyer for Federal Employees in MD & DC

MSPB Appeals Lawyer, Maryland and DC

An MSPB appeals lawyer helps a federal employee challenge a removal, a suspension of more than 14 days, a reduction in grade or pay or another appealable action before the U.S. Merit Systems Protection Board. In most cases the appeal must be filed within 30 calendar days of the effective date of the action, or within 30 calendar days after receiving the agency’s decision, whichever is later.

Sadiq Law Group handles MSPB appeals for federal employees in Montgomery County, MD and Washington, DC from its Gaithersburg office. Attorney Abbas S. Sadiq reviews the proposal and decision letters, your service history and the dates, then explains your options in plain terms. This page is general legal information, not legal advice for your situation.

Call to Schedule Consultation +1-301-241-0110

Call to Schedule Consultation
+1-301-241-0110

The MSPB filing deadline is short. A late appeal can be dismissed unless good cause for the delay is shown.

Which Actions Can Be Appealed

The MSPB is a quasi-judicial agency in the Executive branch that decides federal employee appeals. According to the Board, most of its cases are appeals of agency adverse actions:

Other appealable matters include removals or reductions in grade for unacceptable performance, denials of within-grade pay increases and certain reduction-in-force actions. Probationary employees have very limited appeal rights.

How We Can Help

Each matter starts with the facts, the paperwork and the calendar. Here is what working with Sadiq Law Group on an MSPB appeal usually involves.

Case Review

We start with the agency’s paperwork and the calendar, then check whether the Board can hear your appeal. A review usually covers:

The proposal notice and the decision letter.

Your position, service time and appeal rights.

The filing deadline and the right MSPB office.

Common situations we review include:

Removal for misconduct

Removal for performance

Suspension over 14 days

Demotion or pay reduction

Furlough

OPM retirement decision

Filing the Appeal

Appeals must be filed with the MSPB regional or field office serving the area where your duty station was located when the action was taken. The Washington Regional Office covers Washington, DC and the Maryland counties of Montgomery and Prince George’s. An appeal can be filed by:

The MSPB’s e-Appeal system

Postal mail

Fax

Personal or commercial delivery

Hearing and Decision

In most types of appeals you have a right to a hearing on the merits. The agency has the burden of proving that it was justified in taking the action, and an administrative judge issues an initial decision.

Our work at this stage includes:

Preparing the appeal and your evidence

Raising affirmative defenses where they apply

Representing you at the hearing

Taking part in MSPB mediation or settlement talks

Review and Court

An initial decision becomes final 35 days after it is issued unless a party files a petition for review with the Board. Court review of a final Board decision is generally in the U.S. Court of Appeals for the Federal Circuit. Cases that include discrimination claims follow a different route.

Our services include:

Filing a petition for review with the Board

Responding to an agency’s petition for review

Advising on Federal Circuit filing deadlines

Advising on mixed cases that include discrimination claims

MSPB Deadlines to Know

MSPB time limits are short. If the 30th day of the appeal period falls on a weekend or holiday, the filing deadline is extended to the next working day. Missing a deadline can end an appeal, so check your dates early.

Initial Appeal

30 calendar days from the effective date of the action or from receipt of the agency’s decision, whichever is later.

Petition for Review

Within 35 days after the initial decision is issued, or within 30 days after receipt if it was received more than 5 days after issuance.

Federal Circuit

Within 60 days after the Board issues notice of its final order or decision.

Whistleblower Appeal

No later than 65 days after the Office of Special Counsel issues notice that it ended its investigation, or 60 days after receipt if it was received more than 5 days after issuance.

MSPB Appeals FAQ

How long do I have to file an MSPB appeal?

Generally, an appeal must be filed within 30 calendar days of the effective date of the action, or within 30 calendar days after the date you receive the agency’s decision, whichever is later. If you and the agency mutually agree in writing to try alternative dispute resolution before the appeal is timely filed, the time limit is extended by 30 days, for a total of 60 days. Different limits apply to some types of appeals. See the MSPB’s appeals page.

Who can file an MSPB appeal?

It depends on your appointment and length of service. According to the MSPB, competitive service employees generally have appeal rights once they have completed a one-year probationary or trial period, or one year of current continuous service under other than a temporary appointment limited to 1 year or less. Preference eligibles in the excepted service need at least one year of continuous employment in the same or similar positions. Other excepted service employees generally need two years of current continuous service in the same or similar positions in an Executive agency, under other than a temporary appointment limited to two years or less. Probationary employees have very limited appeal rights.

Which MSPB office handles Maryland and DC appeals?

The Washington Regional Office covers Washington, DC, the Maryland counties of Montgomery and Prince George’s, North Carolina, Virginia and overseas areas not otherwise covered. The Northeastern Regional Office in Philadelphia covers Maryland except Montgomery and Prince George’s counties. Appeals of final OPM retirement decisions are filed with the office serving the area where you live. See the MSPB’s list of offices.

What happens after the administrative judge decides?

The administrative judge issues an initial decision, which may affirm the agency’s action, reverse the action or, in certain cases, mitigate the penalty. The initial decision becomes the final decision of the Board 35 days after the date of the decision unless a party files a petition for review. A petition to the U.S. Court of Appeals for the Federal Circuit must be filed within 60 days after the Board issues notice of its final order or decision.

What if my case also involves discrimination or whistleblowing?

When an appealable action also involves a discrimination claim, EEOC rules let you file a mixed case complaint with your agency or an appeal on the same matter with the MSPB, but not both, and whichever is filed first is considered your election. For a whistleblower individual right of action appeal, you must first seek corrective action from the U.S. Office of Special Counsel, unless the action is otherwise appealable directly to the Board.

Last updated November 12, 2026. This page is general legal information, not legal advice.

Talk With an MSPB Appeals Lawyer in Gaithersburg

If you received a proposal or decision letter, note the date you received it and the effective date of the action, and keep every page the agency gave you. Sadiq Law Group meets with clients at 555 Quince Orchard Road, Suite 280, Gaithersburg, MD 20878.

Call 301-241-0110 to schedule a consultation, or read more about our Federal Employment Attorney practice, EEOC claims, our Workplace Retaliation Lawyer page and our post How Long Do You Have to File an MSPB Appeal?