Legal Opinion

Reilly v. Office of Personnel Management

Court of Appeals for the Federal Circuit

Decided July 15, 2009No. 2008-3236PublishedCited by 7 opinions

1Opinion of the Court

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, Arizona for the United States Postal Service. Reilly’s duties included driving a postal vehicle to deliver mail in rural Arizona, parts of which are…

2Cases cited24 opinions

  1. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
  2. Detra Pollard v. William Halter, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2004
  3. Andrew BASINGER, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  4. Wyatt Q. SMITH, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  5. Scroggins v. United StatesUnited States Court of Claims · 1968

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3Cited by7 opinions

  1. United States v. UPS Customhouse Brokerage, Inc.United States Court of International Trade · 2010
  2. Cabanayan v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2010
  3. Donna K. Sharlofsky v. Office of Personnel Management, Merit Systems Protection Board2014
  4. Johnson v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2013
  5. Pearson v. BerryhillDistrict Court, D. Delaware · 2020

2 more not listed; retrieve them via the Exa API.

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