If I retain an attorney and win disability retirement before the MSPB, will I be reimbursed for attorney's fees?

ANSWER: Maybe, but don't count on it. If you win before the Board, you may be able to win reimbursement for attorney's fees, but only fees related to the hearing and not the fees for the OPM proceeding. Additionally, you will not be automatically awarded attorney's fees just because you beat OPM. Before you can get attorney's fees, you have to show the MSPB that awarding fees is "in the interests of justice." Believe it or not, just winning does not necessarily satisfy the standards of "the interests of justice." In short, it is going to be a long, hard, and very unsure road to winning your attorney's fees. Furthermore, because the legal issues are so technical, it is unlikely that you could win an award of attorney's fees without skilled legal assistance. Because you will need legal representation to petition for the legal fees, this may mean that you will have to pay additional attorney's fees in order to win the prior attorney's fees. If all this sounds to you like it isn't in the interests of justice, that's because it's not.

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