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REILLY v. OFFICE OF PERSONNEL MANAGEMENT

No. 2008-3236.

571 F.3d 1372 (2009)

Sylvia M. REILLY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

Brian T. Edmunds, Arnold & Porter LLP, of Washington, DC, argued for petitioner. With him on the brief was Justin S. Antonipillai.

Michael J. Dierberg, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. Of counsel was Earl A. Sanders, Attorney, United States Office of Personnel Management, of Washington, DC.

DYK, Circuit Judge.

Sylvia M. Reilly ("Reilly") petitions for review of a decision of the Merit Systems Protection Board ("Board") affirming the denial of petitioner's application for disability retirement. Because we hold that the Board applied an erroneous legal standard by categorically rejecting post-retirement medical evidence, we vacate and remand.

BACKGROUND

From May 26, 1984, to March 15, 2006, Reilly worked as a mail carrier in Glendale...

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