130 F. Supp. 3d 225
D.D.C.2015Background
- Minney is a severely wounded Navy veteran seeking reinstatement of FERS disability benefits terminated by OPM on a supposed eighty percent income cap.
- Minney suffered life-changing injuries in 2005 Haditha Dam attack, leading to permanent blindness and disability.
- OPM approved FERS benefits in 2011 and notified the eighty percent earning-cap provision, though the address may have been incorrect.
- Minney began work at the Blinded Veterans Association and earned more than the cap in 2014, triggering a termination notice in 2015.
- OPM terminated benefits on June 30, 2015; Minney filed suit July 13, 2015, seeking injunctive relief and arguing due process violations.
- Court denies OPM’s dismissal motion, grants preliminary injunction, and reinstates Minney’s FERS benefits pending reapplication in 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process required advance notice and a meaningful hearing before termination | Minney; inadequate notice and no meaningful hearing | OPM; statutory notice suffices | Due process requires notice and a hearing; injunction granted |
Key Cases Cited
- Roth v. Bd. of Regents of State Colleges, 408 U.S. 564 (1972) (property interests may arise from federal entitlement schemes)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (due process balancing test for deprivation of property)
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (pre-termination hearing must be meaningful)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due process notice must be reasonably certain to inform affected)