NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-3150
LINDA R. BARNES,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
__________________________
DECIDED: December 5, 2006
__________________________
Before NEWMAN, MAYER, and LINN, Circuit Judges.
PER CURIAM.
Linda R. Barnes petitions for review of the decision of the Merit Systems Protection
Board, Docket No. AT844E050910-I-1, affirming the reconsideration decision of the Office
of Personnel Management that she is not entitled to disability retirement benefits. We
affirm the decision of the Board.
DISCUSSION
Ms. Barnes was a Legal/Administrative Specialist with the Department of Veterans
Affairs when she applied for disability retirement in September 2004. The OPM denied the
application, and after various proceedings the Board concluded that her condition did not
interfere with her ability to perform her job, and affirmed OPM's action. Ms. Barnes
appeals, challenging the conclusion that she is not disabled, and stating that one of the
government witnesses provided dishonest testimony.
The Federal Circuit does not have authority to review the facts of disability. See
Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985)("Accordingly, while
the factual underpinnings of ' 8347 disability determinations may not be judicially reviewed,
such review is available to determine whether 'there has been a substantial departure from
important procedural rights, a misconstruction of the governing legislation, or some like
error "going to the heart of the administrative determination."'") (quoting Scroggins v. United
States, 397 F.2d 295, 297 (Ct. Cl. 1968)). Thus the only issue before us relates to Ms.
Barnes' allegation that a government witness "lied under oath." Ms. Barnes directs us to no
basis for her allegation, which concerns her supervisor. An allegation of witness dishonesty
requires support, such as inherent improbability or contradiction by undisputed facts. See
Pope v. U.S. Postal Service, 114 F.3d 1144, 1149 (Fed. Cir. 1997) ("As an appellate court,
we are not in position to re-evaluate these credibility determinations, which are not
inherently improbable or discredited by undisputed fact."); Hambsch v. Department of
Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986) (issues of credibility are extremely difficult to
determine on appellate review).
2006-3150 2
The decision of the Board must be affirmed.
No costs.
2006-3150 3