Ralph T. French v. Office of Personnel Management

NICHOLS, Senior Circuit Judge.

Petitioner Ralph T. French appeals the decision of the Merit Systems Protection Board (MSPB or board), No. SL831L8610005, 30 M.S.P.R. 503 (1986), reinstating on review the agency’s decision that French’s application for disability retirement was not filed timely and that French failed to establish a basis for waiving the relevant statute of limitations. We conclude that an abuse of discretion occurred. We vacate and remand for reconsideration in accordance with this opinion.

Background

French is, now at least, a mental incompetent who is paranoic and at times…