Rose Ann Kimble-Davis v. Office of Personnel Management
Whether an agency or court can determine an individual is not a designated beneficiary without providing the claimed beneficiary with the appropriate documentation?
I have been trying for years to receive from OPM the documentation from Mr. Kimble ’s file regarding his designation of me as the beneficiary for his retirement annuity. At all levels without any evidence to the contrary, OPM and the Courts have continued to tell me that Mr. Kimble did not make any elections regarding the annuity. I provided numerous instances and evidence which supported that Mr. Kimble designated me as a beneficiary. Yet the Court did not look into or allow me access to Mr. Kimble ’s OPM file despite an Order by the Administrative Law Judge telling them to provide me with the documentation. What kind of precedent would this matter establish if OPM can selectively send its representative documents, be told by a court to go look through the OPM file and then only have to certify that “I reviewed the file provided to me by OPM and all responsive documents were provided. ” I asked the Administrative Law Judge for the recorded telephone conversation I had with OPM on March 15, 2017 where I was informed by OPM that I was listed on Mr. Kimble ’s CSF Number as a beneficiary and was asked if I received a 1099-R. Yet despite my pleas OPM was not ordered to produce the recording of this call. How am I supposed to meet my burden when OPM has the evidence and won ’t provide it to me! How are other potential beneficiaries supposed to appropriately receive benefits if they are not allowed access to the appropriate documents? 11 The Questions Presented are: 1. Whether an agency/court can determine an individual is not a designated beneficiary without providing the claimed beneficiary with the appropriate documentation? 2. Whether OPM should have determined an individual was the designated beneficiary where evidence was submitted which illustrated the individual was designated as a beneficiary?