Stussy v. Office of Personnel Management
662 F. App'x 972
| Fed. Cir. | 2016Background
- Dieter Stussy worked for the IRS from 1988 and was removed on October 15, 1993; a 1994 settlement changed that removal to a resignation effective February 15, 1994.
- In February 2012 (about 18 years after separation) Stussy applied for immediate disability retirement under FERS, listing October 15, 1993 as his separation date.
- OPM denied the application as untimely under 5 U.S.C. § 8453 (application must be filed before separation or within one year after) and denied a mental-incompetence tolling waiver.
- Stussy appealed to the MSPB; the Administrative Judge and the Board found the application untimely and that the record did not show mental incompetence at the relevant times.
- Stussy contended (1) he should be retroactively reinstated or the settlement invalidated so his application would be timely, (2) he was mentally incompetent during the filing period, (3) a presumption of disability applied, and (4) the agency failed to inform him of potential eligibility.
- The Federal Circuit affirmed the Board, holding the Board’s findings were supported by substantial evidence and that several of Stussy’s contentions were improper collateral attacks or without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness — proper separation date / settlement | Stussy: settlement is invalid/breached or rescinded so he should be reinstated; application thus timely | OPM/Board: settlement effectiveness not for this proceeding; separation stands; application untimely | Affirmed — Board properly declined to relitigate the settlement; application untimely |
| Mental-incompetence tolling | Stussy: was mentally incompetent at separation or within one year after, or until 2011, so tolling applies | OPM/Board: medical records do not show inability to handle personal affairs; SSA award ≠ legal incompetence | Affirmed — substantial evidence supports finding of no mental incompetence |
| Presumption that separation was due to disability | Stussy: disability caused the separation, so presumption should apply | OPM/Board: record shows separation was not for disability | Affirmed — Board found no evidence separation was disability-related |
| Agency notice obligation (5 C.F.R. § 844.202(b)(1)) | Stussy: agency failed to inform him of possible eligibility/time limits | OPM/Board: provision does not apply to voluntary resignations under settlement | Affirmed — argument lacks merit because resignation was voluntary |
Key Cases Cited
- Conant v. Office of Personnel Management, 255 F.3d 1371 (Fed. Cir. 2001) (distinguishing when settlement breaches relate to retirement application)
- Rapp v. Office of Personnel Management, 483 F.3d 1339 (Fed. Cir. 2007) (mental incompetence defined as inability to handle personal affairs)
- Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed. Cir. 1993) (presumption of disability when separation caused by disability)