Long v. Social Security Administration
635 F.3d 526
| Fed. Cir. | 2011Background
- Long, an SSA administrative law judge, was charged with conduct unbecoming an ALJ based on a January 27, 2008 domestic incident.
- The incident involved Long allegedly assaulting Castro (his partner) and impacting their child; police and witnesses reported violence and injuries.
- ALJ Giannasi sustained the first specification (violence toward Castro) but found insufficient proof for the second (harming the child).
- The MSPB Board later found both specifications proven by a preponderance and removed Long, rejecting Giannasi's demeanor-based credibility findings.
- The Board relied on witnesses (Feeneys, police officers) and Castro’s statements, including prior sworn statements, over Long and Castro’s hearing testimony.
- Long challenged the Board’s decision, arguing lack of substantial evidence, misapplication of the good-cause standard, and excessive penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial evidence for specifications | Long argues Board erred overturning Giannasi’s credibility. | SSA contends Board properly reassessed evidence and credibility. | Substantial evidence supports Board on both specifications. |
| Good cause interpretation | Long contests Board’s good cause standard as overbroad. | Board’s good cause (undermines confidence) is proper and rational. | Board's interpretation of good cause is permissible under Chevron. |
| Nexus requirement for good cause | Long argues need for nexus to ALJ duties or agency mission. | No separate nexus analysis required for good cause under 7521. | No requirement for separate nexus analysis; standard upheld |
| Penalty appropriateness | Removal is excessive given conduct and Douglas factors. | Removal warranted due to gravity and impact on public confidence. | Removal upheld; not an abuse of discretion. |
Key Cases Cited
- Leatherbury v. Dep't of the Army, 524 F.3d 1293 (Fed. Cir. 2008) (Board may not overturn demeanor-based credibility without sound reasons)
- Haebe v. Dep't of Justice, 288 F.3d 1288 (Fed. Cir. 2002) (sound reasons required to override demeanor-based findings)
- Brennan v. Dep't of Health & Human Servs., 787 F.2d 1559 (Fed. Cir. 1986) (good cause not equated with good behavior; off-duty conduct limits)
- Russo v. U.S. Postal Serv., 284 F.3d 1304 (Fed. Cir. 2002) (specifications control scope of conduct alleged)
- Doe v. Dep't of Justice, 565 F.3d 1375 (Fed. Cir. 2009) (off-duty misconduct standard; nexus considerations)
- Tunik v. Merit Systems Protection Board, 407 F.3d 1326 (Fed. Cir. 2005) (Board entitled to Chevron deference for 7521 interpretation)
- Regions Hosp. v. Shalala, 522 U.S. 448 (Supreme Court 1998) (agency interpretations control when addressing ambiguous statutes)
- Sullivan v. Everhart, 494 U.S. 83 (Supreme Court 1990) (two-step Chevron framework guidance for agency constructions)