ZOGLIO v. MNUCHIN, No. 1:2017cv01594 - Document 17 (D.D.C. 2018)

Court Description: MEMORANDUM OPINION in support of 16 Order denying Plaintiff's 9 Motion for Summary Judgment, and granting Defendant's 11 Cross-Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 10/4/2018. (lctjk2)
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Dockets.Justia.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Plaintiff Defendant MEMORANDUM OPINION Statutory and Regulatory Background See D.C. Ret. Bd. v. United States ZOGLIO v. MNUCHIN Doc. 17 McNeal v. PFRRB See Id. See id. Rivera v. Lew see see see See generally Vincent v. Geithner Id. Factual and Procedural Background Zoglio v. PFRRB Zoglio I Id. Id. See id. See See Id. Id. Id. Id. See See, e.g. Id. Id. Id. Id. Id. Id. see Id. Legal Standard et seq. See Rivera v. Lew See Am. Bioscience, Inc. v. Thompson Id. Alston v. Lew Analysis See See See Nothing in this section shall preclude such member from having an annuity reestablished if his disability recurs, or when his earning capacity is less than 80% of the rate of compensation of the position occupied immediately prior to retirement for any full year thereafter Id. see ability Id. See id. See Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. Zoglio I McMullen v. PFRRB earning capacity Earning Capacity ability See shall be deemed Deem not Cf. Dwight v. Merritt necessary see See ability to earn and engage in gainful activity Id. See id. Dent v. D.C. Dep’t of Emp’t Servs. The Wage-Loss Principle in Workers' Compensation supra Powers v. District of Columbia Department of Employment Services Id. Id. See id. Id. Id. Roberts v. PFRRB gross income Id. McMullen v. PFRRB earned income Id. Ridge v. PFRRB income Id. Zoglio I income Umana v. Swidler & Berlin, Chartered United States v. Kucik always See Zoglio I Ridge Roberts Dent supra McMullen See id. McMullen McMullen See, e.g. Id. Id. Id. See Zoglio I See Id. Conclusion