767 F.3d 1285
Fed. Cir.2014Background
- Mrs. Devlin, a surviving spouse of a federal employee, did not file BEDB before her death, though she was eligible if timely filed.
- After Mrs. Devlin’s death, her son, Devlin, signed and filed BEDB on her behalf.
- OPM denied BEDB, concluding there was no valid application by Mrs. Devlin before death.
- The Board and administrative judge held that a surviving spouse’s estate cannot apply for BEDB on the spouse’s behalf under 5 U.S.C. § 8442(b)(1)(A) and implementing regulations.
- Devlin appealed, arguing co-administration authority allowed filing on behalf of his mother.
- Court affirmed that OPM’s interpretation is reasonable and regulations require a living current spouse to file, not the estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a surviving spouse’s estate apply for BEDB on the deceased spouse’s behalf? | Devlin argues estate authority permits filing. | OPM and Board hold estate cannot file for BEDB on behalf of a deceased spouse. | Estate cannot file for BEDB on behalf of the spouse. |
| Does the regulation require a living current spouse to file for BEDB rather than the deceased spouse’s estate? | Regulations allow representative filing for a living spouse. | Regulation requires living current spouse, not an estate as representative. | Regulation requires a living current spouse; executor/administrator cannot file. |
Key Cases Cited
- Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009) (veteran entitlement to benefits; due process considerations)