NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3016
ALISA R. WILLIAMS,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
Petition for review of the Merit Systems Protection Board in CH844E080287-I-1.
ON MOTION
Before GAJARSA, LINN, and PROST, Circuit Judges.
PER CURIAM.
ORDER
The Office of Personnel Management (OPM) moves to waive the requirements of
Fed. Cir. R. 27(f) and to dismiss Alisa R. Williams' petition for review from the Merit
Systems Protection Board judgment in Williams v. OPM, CH-844E-08-0287-I-1, for lack
of jurisdiction.
Williams sought review by the Board of an OPM decision denying her application
for disability retirement. In its decision, the Board affirmed OPM's decision, finding that
Williams failed to establish that her medical condition was (1) incompatible with either
useful and efficient service or retention in her position and (2) expected to continue for
at least one year from the date of her application for disability retirement. Williams
petitioned this court.
Under 5 U.S.C. § 8347(c), this court's jurisdiction over decisions denying
applications for disability retirement is limited to correcting errors involving "important
procedural rights, a misconstruction of the governing legislation, or some like error
'going to the heart of the administrative determination." Lindahl v. Office of Pers.
Mqmt., 470 U.S. 768, 782 (1985). Additionally, this court may not review "factual
underpinnings" of disability determinations. Anthony v. Office of Pers. Mqmt., 58 F.3d
620, 626 (Fed. Cir. 1995).
In her informal brief, Williams makes no arguments concerning "important
procedural rights, a misconstruction of the governing legislation, or some like error
going to the heart of the administrative determination." Williams only argues that the
Board erred in reviewing and weighing the evidence related to OPM's denial of her
disability retirement application. Because Williams fails to raise an issue within our
jurisdiction, we must dismiss this petition.
Accordingly,
IT IS ORDERED THAT:
OPM's motions are granted. The petition is dismissed.
Each side shall bear its own costs.
FOR THE COURT
FEB 6 2009
/s/ Jan Horbaly
Date Jan Horbaly
Clerk FILED
us. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Alisa R. Williams
Patryk J. Drescher, Esq. FEB 0 6 2009
s20 HUkSuY
CLERK
ISSUED AS A MANDATE: FEB 6 2009
2009-3016 -2-