Mary F. Slupek, Petitioner, v. Office of Personnel Management, Respondent, 945 F.2d 417 (Fed. Cir. 1991)

Mary F. Slupek appeals the decision of the Merit Systems Protection Board (Board), No. DC 831E9010367 (March 22, 1991). The Board upheld an Office of Personnel Management (OPM) decision to dismiss as untimely filed Ms. Slupek's application for disability retirement. This court affirms.

DISCUSSION

The Board dismissed Ms. Slupek's disability retirement application for failure to comply with the statutory eligibility requirements. Under 5 U.S.C. § 8337(b) (1991), an applicant may file for disability retirement at the time of or within one year after leaving a government job. The only exception to this time limitation is for persons who suffer from a mental disorder. Id. The Board correctly determined that Ms. Slupek failed to apply for disability retirement within the one year limit. Additionally, the Board also held that nothing in the record evidenced mental incompetency during the relevant time period.

This court must affirm the Board's decision unless it is arbitrary, capricious, procedurally deficient, otherwise not in accordance with law, or unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1991). Thus, the Board did not err in dismissing Ms. Slupek's untimely application. Moreover, courts may not unilaterally waive statutorily-defined preconditions such as an application deadline. Schweiker v. Hansen, 450 U.S. 785, 788 (1981).