No. 24-698

Rose Ann Kimble-Davis v. Office of Personnel Management

Lower Court: Federal Circuit
Docketed: 2024-12-31
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-law administrative-review beneficiary-designation due-process evidence-standard opm-procedure
Latest Conference: 2025-04-25 (distributed 2 times)
Question Presented (AI Summary)

Whether an agency or court can determine an individual is not a designated beneficiary without providing the claimed beneficiary with the appropriate documentation?

Question Presented (OCR Extract)

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?

Docket Entries

2025-04-28
Rehearing DENIED.
2025-04-09
DISTRIBUTED for Conference of 4/25/2025.
2025-03-20
2025-02-24
Petition DENIED.
2025-01-22
DISTRIBUTED for Conference of 2/21/2025.
2025-01-16
Waiver of right of respondent OPM to respond filed.
2024-08-30

Attorneys

OPM
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Rose A. Kimble-Davis
Rose Ann Kimble-Davis — Petitioner
Rose Ann Kimble-Davis — Petitioner