Delgado v. Office of Pers. Mgmt., No. 09-3254 - Federal Circuit
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Delgado v. Office of Pers. Mgmt., No. 09-3254

Decision of the Merit Systems Protection Board affirming the Office of Personnel Management's decision to terminate a former US Postal Service employee's disability retirement annuity on the basis that he had been restored to earning capacity is vacated and remanded as, although petitioner's award of back pay constitutes income under the provisions of 5 C.F.R. section 831.1209, the Board did not explicitly determine for which year(s) the award should be considered income for purposed of determining earning capacity under 5 U.S.C. section 8337(d).     

Read Delgado v. Office of Pers. Mgmt., No. 09-3254

Appellate Information

Appealed from: Merit Systems Protection Board

Decided January 6, 2010

Judges

Before:  Newman, Lourie and Linn, Circuit Judges

Per Curium Opinion

Counsel

For Appellant:  Ismael Delgado, pro se

For Appellee:   Jane C. Dempsey, US  Department of Justice, Commercial Litigation Branch