Staples v. Merit Systems Protection Board
684 F. App'x 951
| Fed. Cir. | 2017Background
- Mark A. Staples retired on disability under FERS and challenged OPM’s annuity calculation that reduced his annuity by portions of his Social Security disability benefits.
- OPM issued an initial decision denying Staples’ claim and later issued a reconsideration decision affirming that denial.
- Staples appealed the November 19, 2015 reconsideration decision to the MSPB.
- OPM then filed a notice that it had rescinded its reconsideration decision and intended to issue a new decision; the MSPB administrative judge dismissed Staples’ appeal for lack of jurisdiction.
- The MSPB affirmed the dismissal; Staples appealed to the Federal Circuit, arguing the rescission did not divest the Board of jurisdiction and raising additional due process and misrepresentation claims.
Issues
| Issue | Staples' Argument | OPM / MSPB Argument | Held |
|---|---|---|---|
| Whether rescission of OPM’s reconsideration decision divests the MSPB of jurisdiction over the appeal | Rescission should not strip the Board of jurisdiction; factual distinctions from precedent; OPM misrepresented its reasons | Complete rescission of a reconsideration decision removes the MSPB’s jurisdiction; OPM rescinded and intends to issue a new decision | Held: Rescission divested the Board of jurisdiction; dismissal affirmed |
| Whether alleged OPM misrepresentations create MSPB jurisdiction | Misrepresentations about needing documents and overpayment justify retaining jurisdiction | Misrepresentations, even if true, do not create jurisdiction absent a final OPM decision or refusal to issue one | Held: Not a basis for jurisdiction; may be raised after OPM issues a new final decision |
| Whether delay or failure to issue a final decision gave MSPB jurisdiction | Implied that OPM’s process or delay denied final decision rights | OPM did not refuse or improperly fail to issue a decision; it rescinded and will reissue | Held: No improper refusal/failure to issue decision; no jurisdiction on that ground |
| Due process / equal protection claim based on denial of hearing | Denial of hearing violated due process and equal protection | MSPB only holds hearings when it has jurisdiction; no jurisdiction here so no hearing entitlement | Held: Claims unpersuasive; lack of jurisdiction precludes hearing; no specific showing of discrimination |
Key Cases Cited
- Nebblett v. Office of Pers. Mgmt., 237 F.3d 1353 (Fed. Cir. 2001) (rescission of an OPM reconsideration decision divests the MSPB of jurisdiction)
- Snyder v. Office of Pers. Mgmt., 136 F.3d 1474 (Fed. Cir. 1998) (same rule endorsing dismissal after rescission)
- Keira v. Merit Sys. Prot. Bd., [citation="396 F. App'x 703"] (Fed. Cir. 2010) (reaffirming that complete rescission eliminates MSPB jurisdiction)
- Frank v. Office of Pers. Mgmt., 113 M.S.P.R. 164 (M.S.P.R. 2010) (MSPB rule: complete rescission of a reconsideration decision requires dismissal of the appeal)