Michael T. Cuthbertson v. Merit Systems Protection Board

DAVIS, Circuit Judge:

The Merit Systems Protection Board (MSPB or Board) denied attorney fees to petitioner Cuthbertson (who had admittedly prevailed on his claim via a settlement) because, in the Board’s view, the MSPB proceeding had played no significant role in that victory. MSPB Docket No. SF315I8210972 ADD. Holding that substantial evidence does not support the MSPB’s findings and conclusion, we reverse.

I

In July 1982 petitioner was demoted by his agency, the Social Security Administration of the Department of Health and Human Services (HHS), from Supervisory Social Insurance…