Jeffrey L. Bell v. Office of Personnel Management

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

JEFFREY L. BELL,
Petitioner,
V.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.

2011-3043

Petition for review of the Merit Systems Protection
Board in case no. PH844E090124-I-2.

## ON MOTION

Before GAJARSA, MAYER, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

The Office of Personnel Management (OPM) moves
without opposition to remand this petition for review of a
decision of the Merit Systems Protection Board in
PH844E090124-I-1 for further proceedings.

The Board had affirmed OPM's determination that
Jeffrey L. Bell's request for reconsideration of his applica-

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BELL v. OPM

tion for retirement benefits was untimely. OPM now has
determined that it should consider Bell's reconsideration
request "on its merits, rather than continue to litigate the
timeliness of his request." OPM states that on remand,
OPM "will request the board to remand the matter to
OPM to enable the agency to provide Mr. Bell with a
reasonable amount of time to submit additional informa-
tion, evidence, and argument to support his claim that the
agency should reconsider its denial of his disability re-
tirement application" and that OPM will then consider his
request for reconsideration on the merits.

Upon consideration thereof,
IT IS ORDERED THAT:

(1) The motion is granted.

(2) All sides shall bear their own costs.

FOR THE COURT

MAY 2 7 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Jeffrey L. Bell
Richard P. Schroeder, Esq.
$20

Issued As A Mandate:

MAY 2 7 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 2 7 2011

JAN HORBALY
CLERK