Gregory W. Ingram v. Office of Personnel Management

# NOTE: This order is nonprecedential.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

GREGORY W. INGRAM,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.

2010-3186

Petition for review of the Merit Systems Protection
Board in case no. DC831E090776-I-1.

ON MOTION

Before RADER, Chief Judge, LOURIE and O'MALLEY, Cir-
cuit Judges.

PER CURIAM.

ORDER

The Office of Personnel Management (OPM) moves
without opposition to remand this case for further pro-
ceedings.

Gregory W. Ingram filed an action at the Board chal-
lenging OPM's denial of his application for disability

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retirement. The Board affirmed OPM's decision, finding
that the record did not show that Ingram suffered any
medical condition requiring his absence from the work-
place or affecting his ability to perform the essential
duties of his job. In considering Ingram's claim, the
administrative judge noted, inter alia, that the Social
Security Administration (SSA) had denied his claim for
disability benefits.

OPM indicates that on May 2, 2010, after the admin-
istrative judge's decision, the SSA awarded Ingram dis-
ability benefits. OPM states that the Board should
consider this award of benefits along with the other
evidence of disability. We grant the motion so that the
Board may consider the award of disability benefits.

Accordingly,

IT IS ORDERED THAT:

The motion to remand is granted. The Board's deci-
sion is vacated and the case is remanded for further
proceedings.

FOR THE COURT

MAY 2 0 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Gregory W. Ingram
Russell A. Shultis, Esq.
s20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 20 2011

Issued As A Mandate:

MAY 2 0 2011

JAN HORBALY
CLERK