United States Federal Circuit

If an employee is unable to perform the duties of his official position, and he is not transferred to a vacant position within the agency, the employee is eligible for disability retirement. Assignment of duties not typical of his grade and pay is not accomodation.

Appellate Information

• Decided 01/17/2001
• Published 01/17/2001

Judges

• BRYSON, Circuit Judge., Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Neil C. Bonney,Neil C. Bonney & Associates, P.C., of Virginia Beach, VA, argued for petitioner.


• For Appellees:
  
• Virginia M. Lum, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief was David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr. , Assistant Director.   Of counsel on the brief was Paul St. Hillaire, Staff Attorney, U.S. Office of Personnel Management, of Washington, DC.