Where the Merit System Protection Board (MSPB) issued a final decision in favor of the Social Security Administration on a plaintiff’s claim of discriminatory termination, the subsequent dismissal of the plaintiff’s complaint in U.S. District Court should be affirmed because that complaint was not filed within 30 days of the board’s decision.
“This case arises out of the Social Security Administration’s (SSA or ‘Agency’) alleged discriminatory termination of Plaintiff-Appellant Giovanni Irizarry Sierra (‘Irizarry’). The Merit System Protection Board (MSPB) reviewed Irizarry’s allegations of discrimination and issued a final decision in favor of the Agency. After the time for judicial review of the MSPB decision had elapsed, the SSA’s Office of Civil Rights and Equal Opportunity (OCREO) sent Irizarry a Final Agency Decision (FAD) resolving the same allegations of discriminatory termination in favor of the Agency and indicating that he could seek judicial review. Based on that FAD, Irizarry commenced this action in federal district court. The SSA moved to dismiss, arguing it sent the FAD in error and that Irizarry’s complaint was untimely because his appeal rights ended with the MSPB process. The district court granted the SSA’s motion. Irizarry now challenges that ruling on appeal. For the reasons stated below, we affirm. …
“… The MSPB issued its decision on Irizarry’s termination claim on October 30, 2020. Irizarry was notified that the MSPB’s decision would become final...
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