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BRACEY v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3034.

236 F.3d 1356 (2001)

Bruce A. BRACEY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED January 17, 2001.

Attorney(s) appearing for the Case

Neil C. Bonney, Neil C. Bonney & Associates, P.C., of Virginia Beach, VA, argued for petitioner.

Virginia argued for petitioner.

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.

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

BRYSON, Circuit Judge.

This case raises an important question regarding the eligibility of federal civilian employees for disability retirement. The Office of Personnel Management (OPM) and the Merit Systems Protection Board ruled that an employee is ineligible for disability retirement as long as the employee is retained at the same grade and pay, even if the employee is unable to perform the duties of his official position, and even if he is not transferred to a...

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