Anderson v. Office of Personnel Management, 713 F. App'x 1003

Vincent Anderson, a former National Guard technician, was approved for disability retirement under the FERS "Special Provisions" for National Guard Technicians on April 13, 1993.
He was separately denied Social Security Disability Insurance (SSDI) in 1992 but later awarded SSDI in 2005 and failed to notify OPM.
OPM discovered the SSDI award in 2015, reduced Anderson’s FERS disability annuity by the SSDI amount, and determined he had been overpaid $101,718 for Sept. 1, 2005–Feb. 28, 2015.
OPM sought recovery by installment; Anderson sought waiver of the overpayment after complaint to a Congressman.
An MSPB Administrative Judge adjusted the repayment schedule for financial hardship but denied waiver; the full MSPB affirmed.
Anderson petitioned this court, arguing the Board ignored a March 29, 1993 OPM letter that he says shows he received a normal (non-disability) retirement and thus should not be offset by SSDI.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Anderson’s annuity is a disability retirement subject to SSDI offset	Anderson: March 29, 1993 OPM letter shows he received a normal retirement, not disability, so SSDI should not offset annuity	OPM: Anderson received disability retirement under the FERS Special Provisions (Apr. 13, 1993); 5 U.S.C. §8452 requires offset of annuity by SSDI	Court: The April 13, 1993 approval under the Special Provisions is a disability retirement subject to SSDI offset; affirmed denial of waiver
Whether the MSPB abused its discretion or lacked substantial evidence in denying waiver	Anderson: Board failed to account for the March 29, 1993 letter and thus erred	OPM/MSPB: Board properly considered the record; Special Provisions disability annuity must be reduced by SSDI; substantial evidence supports decision	Court: No abuse of discretion; decision supported by law and evidence; affirmed

Briggs v. Merit Sys. Prot. Bd., 331 F.3d 1307 (Fed. Cir. 2003) (standard of review for MSPB decisions)