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Purdy v. Merit Systems Protection Board

Merit Systems Protection Board's dismissal of employee's untimely appeal from an Office of Personnel Management decision affirmed because employee failed to demonstrate good cause for his delay, and his inability to retain counsel was insufficient as an excuse.

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Alan R. Purdy seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal because it was not timely filed. Purdy v. Office of Pers. Mgmt., No. NY0845000126-I-1 (Sept. 13, 2000). We affirm.

I.

Mr. Purdy was separated from the U.S. Postal Service in October 1995 and soon thereafter began to receive disability benefits from the Office of Personnel Management (“OPM”). In May 1997, OPM learned that Mr. Purdy had also received Social Security disability benefits since August 1995. OPM notified Mr. Purdy that he had been overpaid by OPM, because the disability payments from OPM should have been reduced by the amount Mr. Purdy received under Social Security. [App.12] OPM informed Mr. Purdy that the amount of the overpayment was $15,792.00, and that OPM would recoup the overpayment by reducing his monthly disability benefits by $159.52 for 98 months, with a final reduction in the 99th month of $159.04, beginning with his February 1, 1999, check.

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