Dorsey v. Office of Pers. Mgmt., No. 09-3071

Merit Systems Protection Board's denial of petitioner's request for a survival annuity benefit based on the federal service of her late spouse is affirmed as, the Board's determination that petitioner's husband failed to elect a survivor annuity benefit during the two-year window provided for by statute is supported by substantial evidence.   

Read Dorsey v. Office of Pers. Mgmt., No. 09-3071

Appellate Information

Appeal from:  Merit Systems Protection Board

Decided November 25, 2009

Judges

Before Newman, Mayer, Prost, Circuit Judges

Opinion by Circuit Judge Prost

Counsel

For Appellant:  Alice A. Dorsey, Rocky Ridge, Maryland

For Appellee:  John S. Groat, Commercial Litigation Branch, US Department of Justice.