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TREVAN v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 95-3078.

69 F.3d 520 (1995)

Thomas N. TREVAN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

October 31, 1995.

Attorney(s) appearing for the Case

Thomas N. Trevan, New York City, submitted Pro Se.

William K. Olivier, David M. Cohen, and Sharon Y. Eubanks, Department of Justice, Washington, DC, submitted for respondent.

Before PLAGER, CLEVENGER, and BRYSON, Circuit Judges.

PLAGER, Circuit Judge.

This case requires us to address an issue of first impression in this court: whether the receipt of disability benefits under section 223 of the Social Security Act, 42 U.S.C. § 423 (1988 & Supp. V 1993),1 establishes that one is "disabled" as a matter of law under the Federal Employees Retirement System Act of 1986 ("FERS"), § 101(a), Pub.L. No. 99-335, 100...

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