Meyer v. Department of Health & Human Services, Social Security Administration

This civilian pay case is before the court on petitioner’s appeal for review of an order of the Merit Systems Protection Board (MSPB). The question to be decided is *152what standard of review should have been applied by the MSPB at the particular time it considered petitioner’s case.

Petitioner claims that Congress intended for the preponderance of the evidence standard of review in section 7701(c)(1)(B) of title 5 to be applicable when the MSPB considers agency denials of within-grade pay increase actions, at least until the end of the "interim period.” The "interim period” is the period from…