Alleging that an agency made an erroneous decision is not necessarily protected by the Whistleblower Protection Act, a federal appeals court has held in affirming MSPB’s position on that issue. The U.S. Court of Appeals for the Ninth Circuit recently upheld the merit board’s dismissal of a reprisal complaint, saying the employee failed to show he had made the type of disclosure protected by the law. The employee had disclosed to management his conclusion that an SSA administrative law judge had erred in awarding disability benefits to a claimant, after looking into the case in response to a request by the claimant’s congressional representative seeking to expedite the payments. The agency later suspended the employee for 14 days on charges including failure to follow agency procedures, spurring the complaint of retaliation. “An ALJ who makes an erroneous decision does not violate the law (or engage in gross mismanagement) any more than does a district judge who is subsequently reversed on appeal,” MSPB said in summarizing the court’s holding. “An agency ruling or adjudication, even if erroneous, is not the type of “wrongdoing” contemplated by the WPA.”