United States Federal Circuit

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Boyd v. Office of Personnel Management, 2016-1078

In a government benefits case brought by a mail processor for the United States Postal Service who had applied for immediate retirement based on disability and for disability retirement annuity benefits under the Federal Employees Retirement System (FERS), the Merit Systems Protection Board's decision is vacated where, notwithstanding petitioner's failure to respond to the administrative judge's directions regarding the submission of evidence and argument, and her failure to request a hearing, the administrative judge's decision, sustained by the Board, was based on a legally erroneous application of the overpayment recovery statute, 5 U.S.C. section 8346(b), as interpreted by OPM in its regulations and Policy Guidelines.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/20

Judges

  • BRYSON

Court

  • United States Federal Circuit

Counsel


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