The attorney responded that she had filed Lynch's appeal by certified mail December 11, 1995. As proof, she attached copies of two properly addressed envelopes with December 11 metered stamps, but there was no postal receipt for the certified mail she claimed to have sent. After receiving the attorney's response, an MSPB administrative judge issued an order directing Lynch to file evidence establishing that her appeal was timely or that there was good cause for the delay. It should not have been difficult to prove the appeal was mailed on time. Users of certified mail always get a receipt from the post office proving letters were mailed.
Users can also request a return receipt for proof that letters reached the addressee.
Concluding that Lynch had presented no good cause for delaying her appeal, the administrative judge dismissed her appeal as untimely. That action prompted Lynch to take her case to the Court of Appeals. In such cases, the person lodging the appeal has the burden of proving that her appeal was filled during the established time limit. The court said Lynch had to show by preponderant evidence that a pleading was properly addressed to the board with postage prepaid and placed in the U. S. Postal Service mail stream. If the appellant could satisfy that requirement, her appeal would be treated as filed on the date it was placed in the mail stream, regardless of whether the board received it.