Rebecca N. Whittington v. Virginia Retirement System

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Alston and Senior Judge Coleman
REBECCA N. WHITTINGTON
MEMORANDUM OPINION*
v. 	Record No. 0335-13-2 	PER CURIAM
JULY 16, 2013
VIRGINIA RETIREMENT SYSTEM
FROM THE CIRCUIT COURT OF SPOTSYLVANIA COUNTY
David H. Beck, Judge
(John Barry Donohue, Jr., on briefs), for appellant.
(Kenneth T. Cuccinelli, II, Attorney General; Brian J. Goodman,
Legal Affairs & Compliance Coordinator, on brief), for appellee.
Rebecca N. Whittington appeals a decision of the Circuit Court of Spotsylvania County
affirming the final case decision of the Virginia Retirement System (VRS) denying her claim for
disability retirement benefits. On appeal, Whittington contends the circuit court erred in:
(1) affirming the decision of VRS because such denial was not supported by substantial evidence or
by substantial evidence on the whole record; (2) denying her request to reverse the decision of VRS
denying her application for disability retirement benefits because such denial was not supported by
substantial evidence or by substantial evidence on the whole record; and (3) denying her application
for reasonable costs and attorney’s fees because she should have prevailed on her claim for
disability retirement benefits. We have reviewed the record, VRS’s final case decision, and the final
decision of the circuit court, and find no reversible error. Accordingly, we affirm for the reasons
fully set forth by the circuit court in its final order incorporating its bench ruling of January 16,
2013. See Whittington v. Virginia Retirement System, Case No. CL11-1330 (Jan. 29, 2013). We
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.
UNPUBLISHED

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dispense with oral argument and summarily affirm because the facts and legal contentions are
adequately presented in the materials before the Court and argument would not aid the decisional
process. See Code § 17.1-403; Rule 5A:27.
Affirmed.