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Presently existed, other than pay check stubs, and no IRS or state tax records existed at the time concerning her .... If A copy of a 2005 IRS form 1099 listing Green Air as the payer and. Ms. Day

(citations omitted) The court held that while Ms. Day was entitled to qualified separation benefits under section 7671 of title 5, United States Code, a reasonable jury could find that her claim was not for such benefits because she made other types of employment decisions. See also, e.g., Doe v. U.S. Army, 618 F.3d 633, 638 (7th Cir. 2010) (finding that plaintiff's claim was not for benefits because she provided other employment choices). This case provides an example of a person claiming to be entitled to payments under the Veterans Health Administration Compensation and Pension Act of 1991 and claims of “separation of employment” under section 7671 of title 5, U.S. Code. In such a situation, the federal employee benefits statute, title 5 itself, has no support for any claim for severance pay or termination benefits. See, e.g., O-H-I-O v. United States, 437 Fed. Appx. 543 (7th Cir. 2012). The courts, however, have found that the “other types of employment decisions” that Ms. Day claimed, such as working for a private employer, could provide such support. See, e.g., Doe, 626 F.3d at 589; Kohn v. Navy, 861 F.2d 487, 491 (7th Cir. 1988) (disclaiming that plaintiff could “base the termination of his employment relationship on any other employment choices that he may have made in the absence of the unlawful employer action”). Plaintiff did, however, file a motion seeking an extension of time to file her claim, arguing: “The federal courts of appeals have held that one does not have qualified separation rights under the VA Civil Service Retirement and Disability System only if the employee was terminated for reasons other than those listed in the Act (that is, for reasons for which it was not necessary to terminate the employee on account of the employee's disability). Accordingly, plaintiffs should file this claim during the pendency of this action, while their claim against their former employer will be adjudicated.” (Emphasis added) (emphasis added). The district court rejected plaintiff's argument, finding that the claim was not properly brought in time.

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