Fedweek

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The White House has nominated a former MSPB general counsel to a seat on the MSPB governing board who if confirmed along with the two already pending nominations would enable that board to again begin issuing decisions in federal employee appeals for the first time in more than two years.

Nominee B. Chad Bungard currently is deputy commissioner for the office of analytics, review, and oversight at SSA, which among other things oversees appeals of SSA administrative law judge decisions in benefits claims. His other experience includes work on Capitol Hill, private law practice, as general counsel for the special inspector general for the Troubled Asset Relief Program and as chief counsel to the SSA IG.

The merit board has lacked a quorum since early 2017 and has had no members since earlier this year when the last member’s term expired. Nominees to fill two of the seats have cleared the Senate Homeland Security and Governmental Affairs Committee but those nominations were put on hold after a third nominee withdrew from consideration; by Republican leaders said they want to fill all three seats at the same time.

MSPB currently has a backlog of more than 2,000 appeals, although some employees have appealed directly into federal court decisions by hearing officers in disciplinary and other cases that MSPB handles.