United States Federal Circuit

In this case, petitioner was removed from her position with the Department of the Navy, and after her removal, filed an application for disability retirement benefits which was denied. Because petitioner's attorney's law office failed to transmit to her attorney the submitted documents (while confirming to petitioner that the necessary documents and payment had been received), petitioner did not file the appeal until after the deadline had already passed. Judgment dismissing petitioner's appeal as untimely filed without good cause is reversed, where, under the circumstances of this case, the Merit Systems Protection Board abused its discretion in determining that petitioner had not demonstrated good cause for the untimely filing of her appeal.

Appellate Information

• Decided 02/18/2015
• Published 02/18/2015

Judges

• Wallach

Court

• United States Federal Circuit

Counsel