Kelley v. Merit Systems Protection Board

Vivian Kelley appeals from the final decision of the Merit Systems Protection Board (“Board”) denying her petition for review of the Board’s initial decision, in which her appeal was dismissed for failure to prosecute. Kelley v. Office of Pers. Mgmt., 95 M.S.P.R. 626 (MSPB 2004). Because Ms. Kelley did not receive proper notice and a fair opportunity to make a showing of good cause as required by the Board’s precedent, we vacate and remand.

BACKGROUND

Vivian Kelley applied for survivor annuity benefits under the Civil Service Retirement System. On December 5, 2001, the Office of Personnel…