At page 288 Reviewing agency action for harmful error32 citing casesnoting that credibility determinations will not be disturbed unless “‘inherently improbable or discredited by undisputed evidence or physical fact’
- Muhammad v. DVA, No. 23-2132 (Fed. Cir. Aug. 8, 2024).unpublishedBut an AJ’s credibility determinations, which are “virtually unreviewable” by this court, Hambsch v. Dep’t of Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986), will not be disturbed unless they are inherently improbable, discredited by undispu…
- Gomez-Rodriguez v. Army, No. 22-1187 (Fed. Cir. May 24, 2023).unpublished We will not disturb such credibility determinations where, as here, they are not “inherently improbable or discredited by undisputed evidence or physical fact.” Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed. Cir. 1987).
- Holmes v. USPS, 987 F.3d 1042 (Fed. Cir. 2021).publishedSuch determinations “will not be dis- turbed unless inherently improbable, discredited by undisputed evidence, or contrary to physical facts.” Love v. U.S. Postal Serv., 162 Fed. App’x 994, 997 (Fed. Cir. 2006) (citing Hanratty v. Dep’t of…
- Lewis v. Treasury, No. 20-1684 (Fed. Cir. Sept. 8, 2020).unpublishedMs. Lewis has not shown that either testimony was “inherently improbable or discredited by undisputed evidence or physical fact.” Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed. Cir. 1987); see also Hambsch v. Dep’t of Treasury, 796…
- Fortson v. Dep't of Vets. Affairs, 309 F. App'x 410 (Fed. Cir. 2009).unpublishedThis court will not set aside credibility determinations made by the board unless they are “inherently improbable or discredited by undisputed evidence or physical fact.” Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed.Cir.1987) (cita…
- Abrams v. Dep't of Vet. Affairs, 306 F. App'x 602 (Fed. Cir. 2009).unpublishedThis court will not overturn credibility determinations unless the testimony was “inherently improbable or discredited by undisputed evidence or physical facts.” Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed.Cir.1987) (citation omit…
- Nance v. Dep't of Homeland Sec., 322 F. App'x 977 (Fed. Cir. 2008).unpublishedCredibility determinations will not be disturbed unless “inherently improbable or discredited by undisputed evidence or physical fact.” Hanratty v. Dep’t of Transportation, 819 F.2d 286, 288 (Fed.
- Doyle v. Dep't of Army, 277 F. App'x 1014 (Fed. Cir. 2008).unpublishedApplying this standard, we will not overturn credibility determinations unless the testimony credited by the AJ is “inherently improbable or discredited by undisputed evidence or physical fact.” Hanratty v. Dep’t of Transp., 819 F.2d 286,…
- McBeth v. Soc. Sec. Admin., 244 F. App'x 369 (Fed. Cir. 2007).unpublishedAlthough it would have been more helpful to this court if the AJ had discussed the Hillen factors 4 and provided specific reasons for why he credited Stephens’ testimony over that of McBeth, this court accords great deference to the AJ’s c…
- Sweeney v. Dep't of Homeland Sec., 233 F. App'x 997 (Fed. Cir. 2007).unpublishedBecause the AJ is in the best position to evaluate credibility, his credibility determinations are “virtually unreviewable” on appeal, see Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986), and will not be disturbed unless…
Show 21 more citing cases
- Zgonc v. Dep't of Def., 208 F. App'x 850 (Fed. Cir. 2006).unpublishedBecause the administrative judge is in the best position to evaluate credibility, her credibility determinations are “virtually unreviewable” on appeal, see Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986), and will not b…
- Townsend v. Dep't of the Army, 191 F. App'x 949 (Fed. Cir. 2006).unpublishedHanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed.Cir.1987).
- Alley v. Dep't of Energy, 186 F. App'x 1012 (Fed. Cir. 2006).unpublishedBecause the administrative judge’s decision is clearly based on his observations of the evidence presented and the testimony of the witnesses, including Mr. Alley and Dr. Ross, and because Mr. Alley has not shown that the administrative ju…
- Scott v. Dep't of Def., 177 F. App'x 79 (Fed. Cir. 2006).unpublishedBecause the AJ is in the best position to evaluate witness credibility, her credibility determinations are “virtually unreviewable” on appeal, see Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986), and will not be disturbe…
- Cruise v. Soc. Sec. Admin., 167 F. App'x 205 (Fed. Cir. 2006).unpublishedHanratty v. Dep’t of Tramp., 819 F.2d 286, 288 (Fed.Cir.1987); see also Wright v. U.S. Postal Serv., 183 F.3d 1328, 1334 (Fed.Cir.1999); Pope v. U.S. Postal Serv., 114 F.3d 1144, 1149 (Fed.Cir.1997).
- Love v. United States Postal Serv., 162 F. App'x 994 (Fed. Cir. 2006).unpublishedBecause the administrative judge is in the best position to evaluate credibility, his credibility determinations are “virtually unreviewable” on appeal, see Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986), and will not b…
- Arredondo v. United States Postal Serv., 120 F. App'x 789 (Fed. Cir. 2004).unpublishedMr. Arredondo has not established a sufficient basis for overturning the AJ’s credibility determinations, because he has not demonstrated that the witness testimony relied upon by the AJ was “inherently improbable or discredited by undispu…
- Flores v. United States Postal Serv., 78 F. App'x 126 (Fed. Cir. 2003).unpublishedBecause the AJ is in the best position to evaluate credibility, her credibility determinations are “virtually unreviewable” on appeal, see Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986), and will not be disturbed unless…
- Tucker v. Dep't of Just., 70 F. App'x 548 (Fed. Cir. 2003).unpublishedHanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed.Cir. 1987); see also Hambsch v. Dep’t of Treasury, 796 F.2d 430, 436 (Fed.Cir.1986) (noting that credibility determinations are “virtually unreviewable”); Grubka v. Department of Treasur…
- Hubbard v. Dep't of Vets. Affairs, 51 F. App'x 8 (Fed. Cir. 2002).unpublishedIn any event, the AJ is in the best position to evaluate credibility; accordingly, the AJ’s credibility determinations are “virtually unreviewable” on appeal, Hambsch v. Dep’t of the Treasury, 796 F.2d 430, 436 (Fed.Cir. 1986), and will no…
- Michael E. Collins v. Dep't of the Army, 91 F.3d 171 (Fed. Cir. 1996).unpublishedHanratty v. Department of Transp., 819 F.2d 286, 288 (Fed.Cir.1987); see also Hambsch v. Department of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986) (explaining that credibility determinations are "virtually unreviewable").
- James v. Maloney v. Off. of Pers. Mgmt., 78 F.3d 603 (Fed. Cir. 1996).unpublished(considering harmful error to be "error substantially prejudic[ing] rights by possibly affecting the agency's decision)
- Stephen M. Rios v. United States Postal Serv., 878 F.2d 1445 (Fed. Cir. 1989).unpublishedCredibility determinations of the trier of fact will not be overturned by this court unless they are shown to be based on testimony that is "inherently improbable or discredited by undisputed evidence or physical fact." Hanratty v. Departm…
- Ronald L. Frampton v. Dep't of the Interior, 880 F.2d 1314 (Fed. Cir. 1989).published(board did not err in adopting findings of first initial decision by different presiding official)
- Anthony Durkan v. Dep't of Agric., 873 F.2d 1451 (Fed. Cir. 1989).unpublishedThis court will not overturn a credibility determination unless it is shown to be based on testimony that is "inherently improbable or discredited by undisputed evidence or physical fact." Hanratty v. Department of Transp., 819 F.2d 286, 2…
- Mouton-Miller v. DHS, No. 25-1173 (Fed. Cir. Oct. 15, 2025).unpublishedSee Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed. Cir. 1987) (citation omitted).
- Russell v. Air Force, No. 25-1158 (Fed. Cir. Sept. 15, 2025).unpublishedSee Hanratty v. Dep’t of Transp., 819 F.2d 286, 288 (Fed. Cir. 1987) (stating that the petitioner needs to establish that the testimony was “inherently improbable or discredited by undisputed evidence or physical fact” to undermine a credi…
- Smith v. Dep't of the Air Force, 81 F. App'x 350 (Fed. Cir. 2003).unpublished(noting that credibility determinations will not be disturbed unless " ‘inherently improbable or discredited by undisputed evidence or physical fact')
- Ruiz v. Dep't of Homeland Sec., 77 F. App'x 519 (Fed. Cir. 2003).unpublished(noting that credibility determinations will not be disturbed unless “‘inherently improbable or discredited by undisputed evidence or physical fact’)
- Vincent G. Rogers v. United States Postal Serv., 59 F.3d 181 (Fed. Cir. 1995).publishedSee Hanratty v. Department of Transp., 819 F.2d 286, 288 (Fed.
- Maria M. Apostol v. Off. of Pers. Mgmt., 989 F.2d 1203 (Fed. Cir. 1993).unpublishedSee Hanratty v. Department of Transp., 819 F.2d 286, 288 (Fed.Cir.1987). 6 We have considered petitioner's other arguments and find them to be without merit.
v.
Department of Transportation, Respondent
Francis J. Hanratty, III (Hanratty) appeals a decision of the Merit Systems Protection Board (board), Docket No. NY07528410006-1, sustaining his removal by the Department of Transportation, for unsatisfactory training progress. We affirm.
BACKGROUND
Hanratty began work as an Air Traffic Control Specialist for the agency on November 15, 1981. The agency removed Hanratty on October 3, 1983, because of unsatisfactory training progress. In an initial decision dated January 24, 1984, a presiding official of the board affirmed the agency’s action. The full board denied review, 21 M.S.P.R. 665. Hanratty appealed to this court, which vacated and remanded on December 26,1985. Hanratty v. Federal Aviation Admin., 780 F.2d 33 (Fed.Cir.1985). A different presiding official of the board conducted a remand hearing on[*288] March 25, 1986, sustaining the agency’s action in an initial decision dated April 21, 1986. The full board denied review on August 11,1986, 31 M.S.P.R. 546, and Han-ratty appeals once again to this court.
ISSUES
(1) Whether the board or the agency committed harmful error in effecting Han-ratty’s removal.
(2) Whether the board’s decision is supported by substantial evidence.
OPINION
I. Harmful Error
Contrary to Hanratty’s contention, the board properly interpreted the scope of our remand. We said that, on remand, the agency should be given the opportunity to show that the procedures and action which had been taken conformed to the requirements of Chapter 75 of Title 5, United States Code, and that Hanratty “should be free to present whatever defenses he may have in a properly conducted Chapter 75 proceeding.” 780 F.2d at 35-36. The board allowed Hanratty to present his Chapter 75 defenses and did not err in adopting the findings of the first initial decision “with respect to [Hanratty’s] training failure and the specific inadequacies cited in his Letter of Proposed Removal.”
Hanratty has not shown that the agency committed harmful procedural error in effecting his removal. Even if, as Hanratty asserts, the agency violated its own regulations by issuing his 70% progress report two weeks late, Hanratty has not shown how that error substantially prejudiced his rights by possibly affecting the agency’s decision. Cornelius v. Nutt, 472 U.S. 648, 661, 105 S.Ct. 2882, 2890, 86 L.Ed.2d 515 (1985); Smith v. United States Postal Serv., 789 F.2d 1540, 1545-46 (Fed.Cir.1986).
Nor has Hanratty shown that the agency’s destruction of training files and tapes substantially prejudiced his rights. If, as Hanratty asserts, the training history of other employees would have aided his defense, he was free to call those employees as witnesses. He elected not to do so, however.
II. Substantial Evidence
Hanratty claims that the agency did not properly train him, and that the agency treated him disparately from other trainees. The presiding official found otherwise. Hanratty says those findings are wrong because the presiding official erroneously relied on the testimony of Richard Smith and William Boettcher, Hanratty’s supervisors. Hanratty argues that the record contradicts their testimony, thus they were not credible witnesses. Hanratty has failed to establish, however, that their testimony was “inherently improbable or discredited by undisputed evidence or physical fact,” Hagmeyer v. Department of the Treasury, 757 F.2d 1281, 1284 (Fed.Cir.1985). Accordingly, we have no reason for overturning the credibility determinations of the presiding officials who heard the witnesses at the hearings and saw their demeanor. Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed.Cir.1985); see also Hambsch v. Department of the Treasury, 796 F.2d 430, 436 (Fed.Cir.1986).
We conclude, therefore, that substantial evidence supports the board’s determinations that there was nothing improper in the agency’s effort to train Han-ratty, that the agency did not treat Hanratty unequally, and that the employees whom the agency treated differently from Han-ratty were differently situated.
CONCLUSION
Contrary to Hanratty’s argument, this court has no authority to review the facts de novo. We affirm the board’s decision because we do not find it arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982); see Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed.Cir.1984).
AFFIRMED.