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DELGADO v. OFFICE OF PERSONNEL MANAGEMENT

No. 2009-3254.

590 F.3d 1352 (2010)

Ismael DELGADO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

January 6, 2010.

Attorney(s) appearing for the Case

Ismael Delgado, of Miami, FL, pro se.

Jane C. Dempsey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.

PER CURIAM.

Ismael Delgado appeals from the final decision of the Merit Systems Protection Board ("Board") reversing the initial decision of the administrative judge ("AJ") and affirming the Office of Personnel Management's ("OPM's") decision to terminate his disability retirement annuity on the basis that he had been restored to earning capacity. Delgado v. Office of Pers. Mgmt., No. AT-831M-08-0855-I-1 (M.S.P.B. April 10, 2009) ("Initial Decision"...

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