Nussbaum v. Office of Personnel Management
Nussbaum v. Office of Personnel Management
Opinion of the Court
Israel Nussbaum seeks review of the final decision of the Merit Systems Protection Board affirming the decision of the Office of Personnel Management, which
The board did not act contrary to 5 U.S.C. § 8346(b), which provides that recovery may not be had from an individual when “the individual is without fault and recovery would be against equity and good conscience.” The board reasonably concluded that Nussbaum should have known of the annuity overpayment and should have set it aside. His failure to do so justly precludes equitable relief. Furthermore, the board’s conclusion that repayment in this case would neither cause financial hardship nor be unconscionable is supported by the record.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.