United States Federal Circuit

In a claim by an estate for benefits allegedly due to decedent under the Public Safety Officers' Benefits Act (PSOBA), award of benefits is affirmed where: 1) the time frame for which eligibility for PSOBA death benefits is determined is based upon the time of the public safety officer's death and not on some subsequent time; and 2) the death of an otherwise eligible beneficiary before the government issues payment does not relieve the government of its obligation to pay benefits under PSOBA.

Appellate Information

• Decided 10/01/2008
• Published 10/01/2008

Judges

• Before NEWMAN, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Rachel M. Pierce, Phelps Dunbar LLP, of Tupelo, MS, argued for plaintiff-appellee.   With her on the brief was William M. Beasley., Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellant.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General;  Jeanne E. Davidson, Director;  Stephen J. Gillingham, Assistant Director;  and Allison Kidd-Miller, Trial Attorney.   Of counsel on the brief were Rafael A. Madan, General Counsel;  and Jason P. Cooley, Senior Litigation Counsel, Office of General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.