Larry M. Smith v. Office of Personnel Management

FRIEDMAN, Circuit Judge.

In Lindahl v. Office of Personnel Management, — U.S. -, 105 S.Ct. 1620, 1633, 84 L.Ed.2d 674 (1985), the Supreme Court held that in employee disability retirement cases before this court,

while the factual underpinnings of § 8347 disability determinations may not be judicially reviewed, such review is available to determine whether “there has been a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error ‘going to the heart of the administrative determination.’ ” Scrog-gins v. United States, 184 Ct.Cl.…