Office of the General Counsel

May 19, 1999
[xxx]
Re: Claim for Severance Pay
OPM Claim Number 99003073

Dear [xxx]:

This concerns the claim for severance pay that you recently submitted to this office. You believe that you should have received severance pay following your removal from employment with the [xxx]. The agency based its removal action on the grounds that you were not physically able to perform the duties of your position. Officials at your former employing agency informally advised that you have appealed the removal action to the United States Merit Systems Protection Board (MSPB).

It is our policy to dismiss a claim when another forum, such as the MSPB, is considering issues that are so closely related to the claim that the decision of the other forum ultimately might affect our determination concerning the claim. When the other forum issues its decision, the claimant may refile his claim with this office. The MSPB decision in your appeal could affect our determination regarding your claim. Therefore, your claim is dismissed and may be refiled with this office after the MSPB has issued its final decision in your appeal.

Sincerely,

Jo-Ann Chabot
Attorney