FAQs About the Request for Regulation Review (RRR)
Federal Practice Group is currently assisting HHS employees impacted by the recent Reduction in Force (RIF) notices. We are filing an HHS Request for Regulation Review (RRR) with the Merit Systems Protection Board (MSPB) to challenge errors in RIF notices. Below, you’ll find answers to common questions about participating.
Please note that due to the high volume of inquiries, we are unable to respond to individual questions at this time. However, we will continue to update this FAQ section as new information becomes available. We encourage you to check back for the latest updates.
Who Can Participate
If you’ve already submitted your intake form, signed fee agreement, RIF notice, and payment, we have them and you will be included in the RRR. We’ll only reach out to you if we need additional information at this time.
Any HHS employee who received a RIF notice with errors, such as mistakes in performance ratings, veteran status, service dates, or retention standing, can participate. Employees who believe their competitive area was improperly defined may also qualify.
Yes. Employees covered by a collective bargaining agreement, including AFGE members, can participate in the RRR.
Yes. Even if you were the only person RIF’d, you may qualify if there are clear errors in your RIF notice or competitive area designation.
The criteria we are looking for are any employee with an obvious error on their retention register information, or an error in how the competitive area was defined.
Errors that may qualify include incorrect performance ratings, wrong veteran status, incorrect service computation dates, mistakes in retention standing, or improperly drawn competitive areas.
Yes, so long as you retired after being issued a RIF Notice.
Yes. We can accommodate employees who prefer to remain anonymous in the RRR filing.
Yes. If you received a RIF notice and are employed by any agency that falls under the Department of Health and Human Services (HHS) — including agencies such as the FDA, CDC, NIH, HRSA, and others — you are eligible to participate in the RRR.
Not yet. The RRR is only available to employees who have received a final, official RIF notice. If you’ve only received a notice of intent, you are not eligible to join at this time.
However, we’ve decided to continue filing additional RRRs on behalf of groups beyond May 1st. We are also able to file an amended list of “interested persons” with the MSPB if additional employees want to join later. So if you’re still deciding — or waiting for a final notice — you haven’t missed your chance. Once you receive a final RIF notice, you may become eligible to join.
We’ve received reports that some users are experiencing issues with the intake form not submitting properly. This is most commonly caused by the use of browser autofill or saved form data, which can prevent required fields from registering as complete, even if they appear filled out on your screen.
To fix this, we recommend:
Manually typing in all required fields instead of using autofill
Double-checking that no fields are outlined in red or left blank
Refreshing the page if the issue persists
If the form still doesn’t submit after trying the steps above, please email us at marketing@fedpractice.com and let us know.
Group Participation and Impact
We can file on behalf of an unlimited number of employees who were issued RIF notices with errors, there is no minimum number of employees. A single employee with a clear procedural violation may have grounds to participate in the RRR.
Potentially. Sometimes a successful RRR benefits a broader group. However, the Board could limit relief only to employees who participated.
Deadlines and the HHS RRR Filing Process
You must return a signed representation agreement and submit your $500 payment by close of business on Thursday, May 1st, 2025, to be included in the initial filing.
Yes. We can file amended lists of interested persons after the initial filing to add additional employees.
The MSPB will allow HHS to respond. We will then submit a reply. After reviewing both sides, the MSPB will issue a decision
No. The RRR process is handled entirely through written submissions. You will not need to testify or appear in person.
There is no set timeline. It can take several months for the MSPB to review the case and issue a decision.
Cost to Join the HHS Request for Regulation Review (RRR)
The cost is a flat $500 fee per employee, regardless of how many errors you are challenging.
The $500 fee covers the work required to prepare and file your Request for Regulation Review (RRR). Because the fee is for services performed and not tied to the outcome, it is considered earned once the filing is completed or 60 days after signing the agreement, whichever comes first.
After signing the representation agreement, you can:
- Pay through the secure payment link on our website, or
- Request a payable invoice by emailing clientintake@fedpractice.com.
You will not be included in the RRR filing unless both the signed agreement and payment are received.
We’ve received several questions about cost. The flat fee to participate in the RRR is $500 per employee. There are no additional costs for inclusion in this filing.
The fee for the RRR is a flat $500 per employee. No additional attorney’s fees or expenses will be charged for this matter. If legal action is needed beyond the scope of the RRR — such as individual or group MSPB appeals after the effective date of the separation, that would involve a separate agreement and fee. You will have the opportunity to review and decide whether to move forward with that representation at a later time.
The cost for that type of representation will vary depending on the scope and complexity of the case and would require a consultation with our team before moving forward. Please note: MSPB appeals cannot be filed until after the separation date, which is June 2nd for most affected employees. We will share more information about appeal options closer to that time.
Results and Next Steps After the HHS RRR
Not necessarily. If the MSPB finds errors, it may order HHS to rescind the RIF notices. However, HHS could still attempt to conduct a new RIF properly following regulations.
Yes. Filing an RRR does not prevent you from filing an individual MSPB appeal, a grievance, or taking other legal action related to your separation.
No. The RRR is a request for review filed with the MSPB. We will not negotiate directly with HHS during this process.
If you believe your RIF notice contains errors and are interested in participating in the HHS Request for Regulation Review (RRR), we encourage you to complete the intake process as soon as possible.
Please continue to check this page for updates. We will post additional information as it becomes available.
Have a question that isn’t covered here?
If you have a question about the HHS Request for Regulation Review (RRR) that isn’t addressed in the FAQs above, you can submit it here.
Please note: Due to the high volume of inquiries, we are unable to respond to individual submissions. However, we will review all questions and may update this page to address common topics.