Reilly v. Office of Personnel Management
Court of Appeals for the Federal Circuit · 2009-07-15 · cited 26×
Sylvia Reilly, a former U.S. Postal Service mail carrier, resigned citing ill health from chronic asthma and applied for federal disability retirement benefits. The Office of Personnel Management denied the application, and the Merit Systems Protection Board affirmed, categorically excluding medical evidence obtained after her resignation. The Federal Circuit vacated the Board's decision and remanded for further proceedings. The court held that the Board applied an erroneous legal standard, as post-separation evidence can be probative of disability at the time of retirement if linked by proximity in time or other evidence, consistent with OPM regulations permitting applications and examinations after separation.
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