Thomas N. Trevan v. Office of Personnel Management

PLAGER, Circuit Judge.

This case requires us to address an issue of first impression in this court: whether the receipt of disability benefits under section 223 of the Social Security Act, 42 U.S.C. § 423 (1988 & Supp. V 1993), 1 establishes that one is “disabled” as a matter of law under the Federal Employees Retirement System Act of 1986 (“FERS”), § 101(a), Pub.L. No. 99-335, 100 Stat. 514, 516, codified as amended at 5 U.S.C. § 8451, for the purpose of determining entitlement to a FERS disability annuity. The Merit Systems Protection Board (“Board”) concluded that award of Social Security…