Juanita L. Hutchison v. Merit Systems Protection Board

SCHALL, Circuit Judge.

Juanita L. Hutchison (“Juanita”) petitions for review of the final decision of the Merit Systems Protection Board (“Board”), Docket No. SF-0831-94-0707-I-1, 68 M.S.P.R. 873, dismissing as untimely her appeal of the reconsideration decision of the Office of Personnel Management (“OPM”) which denied her claim for a survivor annuity. 1 We vacate and remand.

BACKGROUND

Gene M. Hutchison (“Gene”) retired from federal employment in January of 1986; he died in December of 1987. In 1989, Juanita, asserting that she was Gene’s surviving spouse, applied to OPM for a survivor…