Reva M. Smith v. Off. of Pers. Mgmt., 760 F.2d 244 (Fed. Cir. 1985). · Go Syfert
Reva M. Smith v. Off. of Pers. Mgmt., 760 F.2d 244 (Fed. Cir. 1985). Cases Citing This Book View Copy Cite
26 citation events across 3 distinct courts.
Strongest positive: Constance G. Patterson v. Office of Personnel Management (cafc, 1996-01-16)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Constance G. Patterson v. Office of Personnel Management
Fed. Cir. · 1996 · confidence medium
See, e.g., Smith v. Office of Personnel Management, 784 F.2d 397, 399 (Fed.Cir.1986) (challenge to sufficiency of evidence of disability was not error going to heart of administrative determination); McEachern v. Office of Personnel Management, 776 F.2d 1539, 1545 (Fed.Cir.1985) ("We cannot substitute our judgment on medical evidence for a determination of the Board."); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985) (court can not review medical statements and bills). 4 We have been directed to no fundamental procedural error or error of law, and we discern none in t…
discussed Cited as authority (rule) John A. Young v. Office of Personnel Management
Fed. Cir. · 1995 · confidence medium
Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985). 8 Mr. Young cites several letters from physicians and argues that the determination of OPM and the Board was not based on a preponderance of the evidence.
discussed Cited as authority (rule) William A. Anthony v. Office of Personnel Management
Fed. Cir. · 1995 · confidence medium
See, e.g., Smith v. Office of Personnel Management, 784 F.2d 397, 399 (Fed.Cir.1986) (challenge to sufficiency of evidence of disability was not error going to heart of administrative deter- *626 urination); McEachern v. Office of Personnel Management, 776 F.2d 1539, 1545 (Fed.Cir.1985) (“We cannot substitute our judgment on medical evidence for a determination of the Board.”); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985) (refusing to review medical statements and bills); cf. Bruner v. Office of Personnel Management, 996 F.2d 290, 291 (Fed.Cir.1993) (Board’s …
discussed Cited as authority (rule) Wayne L. Abner v. Office of Personnel Management
Fed. Cir. · 1988 · confidence medium
Id. at 280 . 3 The board was not required, as Abner asserts, to "engage the services of a medical expert in interpreting medical findings and weighing the evidence." It was Abner's burden to convince the board that the evidence weighed in his favor. 4 Abner has not established that "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.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.…
discussed Cited as authority (rule) Larry Phillips v. Office of Personnel Management
Fed. Cir. · 1988 · confidence medium
Thus, Phillips has not established that "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.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985). 3 Because this court may not review the factual underpinnings of disability determinations, we have not considered Phillips' argument that the evidence establishes his physical and mental disability.
cited Cited as authority (rule) Charles E. Hopkins v. Office of Personnel Management
Fed. Cir. · 1988 · confidence medium
See Lindahl, 470 U.S. at 791 ; Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.
discussed Cited as authority (rule) Larry J. Kelley v. Office of Personnel Management
Fed. Cir. · 1987 · confidence medium
OPINION 2 Our scope of review in disability cases is limited to whether "there has been a substantial departure from important procedural rights, a misconstruction of the governing legislation, or some other like error 'going to the heart of the administrative process.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985).
discussed Cited as authority (rule) Nina R. Wilson v. Office of Personnel Management
Fed. Cir. · 1987 · confidence medium
Smith v. OPM, 760 F.2d 244, 246 (Fed.Cir.1985). 6 The petitioner's allegations in the present case all relate solely to the factual underpinnings of the OPM decision, which the Board upheld, that the petitioner's disability has ended.
discussed Cited as authority (rule) Thomas W. Bender v. Office of Personnel Management
Fed. Cir. · 1987 · confidence medium
OPINION 2 Bender recognizes that this court may set aside a disability determination only when "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.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985) (quoting Scroggins v. United States, 397 F.2d 295, 297 (Ct.Cl.), cert. denied, 393 U.S. 952 (1968)); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985).
discussed Cited as authority (rule) Catherine M. Dudas v. Office of Personnel Management
Fed. Cir. · 1987 · confidence medium
OPINION 2 This court may review disability determinations only 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.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985) (quoting Scroggins v. United States, 397 F.2d 295, 297 (Ct.Cl.), cert. denied, 393 U.S. 952 (1968)); Smith v. Office of Personnel Management, 784 F.2d 397, 398 (Fed.Cir.1986) (Smith II ); Smith v. Office of Personnel Management, 760 F.2d 244, 246 …
discussed Cited as authority (rule) Margaret N. Givens v. Office of Personnel Management
Fed. Cir. · 1987 · confidence medium
Sec. 8337 (a). 3 This court may not review the factual underpinnings of disability determinations, and Givens has not established that "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.' " Lindahl v. Office of Personnel Management, 470 U.S. 768, 791 (1985); Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985).
cited Cited "see" Olive S. McEachern v. Office of Personnel Management
Fed. Cir. · 1985 · signal: see · confidence high
See Lee v. Office of Personnel Management, 762 F.2d 987 (Fed.Cir.1985), and Smith v. Office of Personnel Management, 760 F.2d 244 (Fed.Cir.1985).
cited Cited "see" Joseph M. Lee v. Office of Personnel Management
Fed. Cir. · 1985 · signal: see · confidence high
See Smith v. Office of Personnel Management, 760 F.2d 244 (Fed.Cir.1985).
discussed Cited "see, e.g." John Z. Benz v. Office of Personnel Management
Fed. Cir. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Smith v. Office of Personnel Management, 760 F.2d 244, 246 (Fed.Cir.1985); Lee v. Office of Personnel Management, 762 F.2d 987, 988 (Fed.Cir.1985). 4 Benz also explicitly argues that the board erred in sustaining the determination of the OPM because the board committed error in its evaluation of the medical evidence.
cited Cited "see, e.g." Larry M. Smith v. Office of Personnel Management
Fed. Cir. · 1986 · signal: see, e.g. · confidence low
See, e.g., Smith v. Office of Personnel Management, 760 F.2d 244 (Fed.Cir.1985); Lee v. Office of Personnel Management, 762 F.2d 987 (Fed.Cir.1985).
discussed Cited "see, e.g." Julie A. Bozeman, as Administratrix of the Goods, Chattels and Credits of Johnny R. Bozeman, Deceased v. United States
2d Cir. · 1985 · signal: see, e.g. · confidence low
See, e.g., Johnson v. United States, 749 F.2d 1530 (panel opinion noting the “widespread, almost universal criticism of Feres ”), vacated and ordered for rehearing in banc, 760 F.2d, 244 (11th Cir.1985); Kohn v. United States, 680 F.2d 922, 925 (2d Cir.1982) (“[Although Feres remains a controversial decision, we are bound by the Supreme Court’s continuing adherence to it.”); LaBash v. United States Department of the Army, 668 F.2d 1153, 1156 (10th Cir.1982) (“Although many courts have expressed reservations about the continuing validity of the broad Feres doctrine, only the United …
Retrieving the full opinion text from the archive…
Reva M. SMITH, Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT, Respondent
Appeal 85-787.
Court of Appeals for the Federal Circuit.
Apr 19, 1985.
760 F.2d 244
Reva M. Smith, Duncan, Okl., pro se., William J. Snider, Dept, of Justice, Washington, D.C., for respondent.
Markey, Davis, Skelton.
Cited by 15 opinions  |  Published
MARKEY, Chief Judge.

Reva M. Smith (Smith) appeals from a decision of the Merit Systems Protection Board (board), No. DA08318410271, 23 M.S. P.R. 701, sustaining the Office of Personnel Management’s (OPM’s) discontinuance of her disability retirement annuity. We affirm.

Background

Smith was granted a disability retirement annuity in July 1975. OPM discontinued Smith’s annuity as of December 31, 1982 on the ground that her earning capacity had been restored. The statute, 5 U.S.C. § 8337(d) (1982), provides:

If an annuitant receiving disability retirement annuity from the Fund, before becoming sixty years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80% of the current rate of pay of the position occupied immediately before retirement.

OPM determined that the salary for Smith’s position (GS-3, step 3) as of December 31, 1980 was $10,418, and as of December 31, 1981 was $10,917. Smith’s wage and tax statements for these years reflect that she earned $8,443.88 in 1980 and $10,074 in 1981. Smith presented no evidence contradicting those figures.

Because Smith’s income for 1980 and 1981 thus exceeded 80% of the current rate of pay for a GS-3, step 3, the board af[*246] firmed OPM’s determination that Smith had been restored to earning capacity effective January 1, 1983. *

Opinion

Jurisdiction The government has challenged this court’s jurisdiction in its brief. The Supreme Court, however, has determined that this court must exercise a limited jurisdiction over appeals from denials of requests for disability annuities. See Lindahl v. Office of Personnel Management, — U.S. -,-, 105 S.Ct. 1620, 1628, 84 L.Ed.2d 674 (1985).

Merits

The factual underpinnings of disability determinations are not subject to judicial review, but this court is required to determine whether “there has been any substantial departure from important procedural rights, a misconstruction of the governing legislation, or some like error ‘going to the heart of the administrative determination.’ ” Lindahl v. Office of Personnel Management, — U.S. at -, 105 S.Ct. at 1628; Scroggins v. United States, 397 F.2d 295, 297, 184 Ct.Cl. 530 (1968), cert. denied, 393 U.S. 952, 89 S.Ct. 376, 21 L.Ed.2d 363 (1968).

Citing four letters from her physicians and “a number of doctor’s statements and medical bills” in OPM’s file, Smith argues that OPM’s determination was not based on a preponderance of the evidence. Smith’s factual allegations clearly fall outside this court’s limited review as mandated by the Supreme Court in Lindahl, — U.S. at-, 105 S.Ct. at 1628.

Smith also says that OPM erred in failing to consider that, had she continued work, she may have received promotions or salary increases. The board, however, correctly looked to the current rate of pay for the “position occupied immediately before retirement.” 5 U.S.C. § 8337(d). Nothing in the statute permits the board to speculate as to a “current rate of pay” for a position to which an annuitant may have been promoted had she not retired. Cf. Lancellotti v. Office of Personnel Management, 704 F.2d 91, 99-100 (3d Cir.1983).

AFFIRMED.

*

Due to an error of its Chief of the Medical Division, OPM recommenced sending Smith annuity checks from April 1983 to September 1983, creating an overpayment of 2,087.38. OPM attempted to recover that amount, refusing to grant waiver from recovery because it determined that Smith was not "without fault” and that waiver of recovery "would be against equity and good conscience." The board reversed that determination.