Case Explained: 24-2349: CORCORAN v. OPM [OPINION], Nonprecedential

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-08

The Federal Circuit affirmed the Merit Systems Protection Board’s decision denying Sara Corcoran’s claim for survivor annuity benefits under the Federal Employees Retirement System (FERS). The court held that substantial evidence supported the Board’s determination that Corcoran failed to establish she was married to her late husband, Anthony Schinella, for at least nine months prior to his death as required by 5 U.S.C. § 8441(1)(A). The court applied the standard of review under 5 U.S.C. § 7703(c), which mandates affirmance unless the Board’s decision is arbitrary, capricious, an abuse of discretion, otherwise not in accordance with law, or unsupported by substantial evidence. The analysis focused on whether Corcoran could prove a common law marriage existed in the District of Columbia at least nine months before Schinella’s death. Under D.C. law, such a marriage requires cohabitation as husband and wife following an express mutual agreement made in words of the present tense. The court found that the Administrative Judge correctly identified substantial evidence refuting Corcoran’s claim, including her 2019 tax returns filed as “single,” her inability to identify a specific conversation where the couple agreed they were presently married, and testimony from witnesses indicating the couple viewed themselves as engaged with a future intention to marry rather than as currently married. The court rejected Corcoran’s arguments regarding the use of terms like “husband” and “wife” as mere endearments or evidence of an express agreement, noting that credibility determinations and the weighing of evidence are within the discretion of the Administrative Judge and cannot be reweighed by the appellate court. As a result of this decision, Corcoran’s claim for survivor annuity benefits remains denied, and she is not entitled to receive FERS survivor payments based on her relationship with Schinella.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.