Sparks v. Office of Personnel Management
679 F. App'x 1011
| Fed. Cir. | 2017Background
- Sparks, a former VA housekeeping aid, applied for disability retirement claiming PTSD and other conditions, alleging disability onset October 24, 2012.
- OPM denied the disability retirement on Feb 11, 2014 and told Sparks he had 30 days (until March 13, 2014) to request reconsideration with additional medical evidence.
- Sparks submitted a request for reconsideration on January 9, 2015 (received Jan 15, 2015), well beyond the 30-day deadline; he later submitted more medical records and a VA award showing individual unemployability.
- OPM dismissed the reconsideration request as untimely and denied a waiver of the timeliness requirement under the regulations (5 C.F.R. § 831.109 / § 841.306(d)(2)).
- Sparks appealed to the MSPB; the Board found he failed to prove he was prevented by circumstances beyond his control from timely filing because he presented no evidence specific to the relevant period (Mar 13, 2014–Jan 9, 2015) and had prior records showing he could manage affairs.
- The Federal Circuit affirmed, holding the Board applied the correct law and that its findings were supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OPM properly dismissed Sparks’s reconsideration request as untimely and denied waiver of the 30-day deadline | Sparks argued his medical conditions (PTSD and related impairments) prevented timely filing and pointed to VA unemployability findings | Government argued Sparks failed to produce evidence showing he was unaware of the deadline or prevented from filing within the deadline; Board’s findings supported by record | Affirmed: dismissal and denial of waiver upheld; Sparks failed to show circumstances beyond his control during the relevant period that prevented timely filing |
Key Cases Cited
- Jones v. Dep’t of Health & Human Servs., 834 F.3d 1361 (Fed. Cir. 2016) (appeal ripens when MSPB initial decision becomes final if petitioner filed in court before finality)
- Dickey v. Office of Pers. Mgmt., 419 F.3d 1336 (Fed. Cir. 2005) (definition of substantial evidence review)
- Briggs v. Merit Sys. Prot. Bd., 331 F.3d 1307 (Fed. Cir. 2003) (standards for reviewing MSPB decisions)
- Consol. Edison Co. v. NLRB, 305 U.S. 197 (1938) (classic articulation of substantial-evidence standard)