STEPHENSON v. OFFICE OF PERSONNEL MANAGEMENT

No. 2012-3074.

705 F.3d 1323 (2013)

Kelly L. STEPHENSON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

January 18, 2013.


Attorney(s) appearing for the Case

Robert R. McGill , Attorney at Law, of Walkersville, MD, argued for petitioner.

Matthew F. Scarlato , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk T. Manhart , Assistant Director.

Before NEWMAN, PROST, and REYNA, Circuit Judges.


PROST, Circuit Judge.

This appeal presents an issue of statutory interpretation arising from 5 U.S.C. § 8452 and section 223 of the Social Security Act, 42 U.S.C. § 423. Pursuant to § 8452, the Office of Personnel Management ("OPM") must reduce a Federal Employees Retirement System ("FERS") disability retirement annuity for any month in which the recipient is also "entitled" to Social Security Administration ("SSA") disability benefits under section...

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