Merit Systems Protection Board judgment affirming a denial of plaintiff’s application for disability retirement is vacated and remanded where the Board erred in adopting a categorical rule barring consideration of post-retirement evidence.
Read Reilly v. Office of Personnel Mgmt., No. 08-3236
Appellate InformationPetition for review of the Merit Systems Protection Board.Decided July 15, 2009
JudgesBefore MICHEL, Chief Judge, DYK and MOORE, Circuit Judges.Opinion by DYK, Circuit Judge.
CounselFor Petitioner: Brian T. Edmunds, Arnold & Porter LLP.
For Respondent: Michael J. Dierberg, United States Department of Justice.
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