If your federal disability retirement application is denied by the U.S. Office of Personnel Management (OPM), you have 30 days to submit a written request for reconsideration. You can also submit additional medical evidence to address the reasons why your application was denied. If the reconsideration is not successful, you will then have 30 days to request an appeal with the Merit Systems Protection Board (MSPB).
This process can be stressful and confusing, especially if you qualify for disability retirement through the Federal Employees Retirement System (FERS) or the Civil Service Retirement System (CSRS). Our federal disability retirement lawyers have developed this guide to help you understand what to do for reconsideration or appeal, how long you have to act, and how hiring an attorney can help.
If you need assistance requesting reconsideration from OPM, contact our law firm today. The Bell Law Group offers free and completely confidential consultations.
Key Takeaways
- If the U.S. Office of Personnel Management (OPM) denies your application for disability retirement, you have 30 days to request reconsideration and include any additional medical evidence.
- If disability retirement reconsideration with OPM is not successful, you have 30 days to file an appeal with the Merit Systems Protection Board (MSPB).
- If your appeal with the MSPB is not successful, you can either 1) file a petition for review with the MSPB within 35 days, or 2) file a petition for judicial review by the United States Court of Appeals for the Federal Circuit within 60 days.
- Hiring a lawyer for reconsideration and MSPB appeals can help you avoid time-consuming and costly errors that could put your benefits in jeopardy.
Immediate Steps After Getting an Office of Personnel Management (OPM) Denial Letter
You must act within the 30-day reconsideration deadline. While there are limited exceptions to this, it is best to act promptly before your 30-day deadline is up.
Here are the key steps you need to take if you want OPM to reconsider their denial of your disability retirement benefits.
- Carefully Review the Denial Letter: The denial letter will state the reason(s) why OPM denied your disability retirement claim. Treat the language in your denial letter as a road map or a checklist or what you need to provide when you ask for reconsideration.
- Make a Written Request for Reconsideration: You must submit a written request for reconsideration and a copy of the denial letter.
- Submit Additional Evidence and Medical Documentation: With your written request for reconsideration, include any additional medical documents. If you are unable to obtain this additional evidence immediately, be sure to provide details on the forthcoming documentation and the reasons for the delay in your request.
It’s also helpful to speak with a disability retirement attorney ASAP to assist with the reconsideration and appeals process.
What Should I Do If OPM Denies My Reconsideration for Disability Retirement?
If the OPM sends you a final decision and you are still denied disability retirement, you can file an appeal with the MSPB within 30 days.
We’ll discuss this MSPB appeal process in more detail below.
Why Was My FERS/CSRS Disability Retirement Denied?
Some common reasons why OPM denies applications for federal disability retirement include:
- Your condition is not expected to last at least one year
- There is insufficient or inconsistent medical evidence regarding the severity of your diagnosis
- Your agency has been able to provide reasonable accommodations for your condition
- You have not also applied for Social Security Disability (SSD/SSDI)
- You did not file the proper forms within a year of your separation from the agency
There are multiple conditions that qualify for federal disability retirement even if there is no formal list. If you need help filing a request for reconsideration, our lawyers are available to guide you through this process and answer your questions.
How to File a Request for Reconsideration with OPM
When filing a written request for reconsideration, take the following steps:
- Provide all information requested, which will typically include your name, address, date of birth, and claim number
- Include additional documentation that addresses the reasons for your initial denial
- Include a copy of the denial letter you received from OPM
- Ensure that this written request for reconsideration is received by OPM within 30 days of the initial denial letter
For more information about filing a request for reconsideration, we encourage you to read this OPM document on your reconsideration rights.
Can I Submit New Medical Evidence During the OPM Reconsideration Stage?
Yes. In fact, new medical evidence, additional evaluations from specialists, another opinion from a doctor, or functional capacity assessments can all help you during the reconsideration process.
Again, be sure to review the denial letter to understand OPM’s reasoning.
How to Strengthen Medical Evidence and Doctor Documentation for Reconsideration
A disability retirement attorney can help you gather additional compelling evidence as part of the reconsideration process. Some strategies to strengthen your case include:
- Addressing all reasons for denial in OPM’s denial letter
- Detailing specific limitations and challenges caused by your health condition
- Getting a narrative account of your limitations from your doctor and specialists
- Submitting additional lab work, tests, and imaging
- Providing recent medical records from the last 90 days
- Demonstrating proof that you’ve followed a prescribed treatment plan
How to Appeal an OPM Final Reconsideration Denial to the Merit Systems Protection Board (MSPB)
You have 30 days from OPM’s reconsideration denial to file an appeal with the MSPB.
- You can file an e-Appeal with the MSPB online or submit MSPB Appeal Form 185 by fax or mail
- The MSPB appeal must be filed with the appropriate regional or field office that has jurisdiction over where you live
When your appeal is filed, an Administrative Judge (AJ) will then issue an Acknowledgment Order to you and your agency.
For more detailed information, we encourage you to read this MSPB resource on how to file an appeal.
What Happens If My OPM Disability Appeal Is Denied by the MSPB?
If your MSPB appeal is unsuccessful, you still have opportunities to seek your denied disability retirement benefits. Depending on the situation, your options are:
- A petition for review with the MSPB that must be filed within 35 days of the MSPB initial decision.
- A petition for judicial review by the United States Court of Appeals for the Federal Circuit that must be filed within 60 days of the final order or decision.
This process can be intimidating and confusing. It’s helpful to have an MSPB appeal lawyer on your side. If you’ve already retained an attorney while requesting OPM reconsideration, they can aid you in seeking your disability retirement benefits should these new challenges arise.
Common Mistakes Federal Employees Make During the OPM Appeals Process
The reconsideration and appeal process for denied disability retirement can take a long time. As cases drag on, federal workers can make mistakes that affect their eligibility for benefits and the strength of their claim. These errors include:
- Missing Key Deadlines: As soon as you receive any documentation regarding your disability retirement, you must act promptly. Waiting too long to respond or seek supporting documents could have a negative impact on your case.
- Not Knowing About Reconsideration or Appeals: Some federal employees assume that a denial letter or an unfavorable order is a brick wall. There are options available for the initial denial and even OPM reconsideration.
- Lack of New Medical Documentation: You can’t just re-submit the same documentation if OPM notes issues with the initial medical evidence regarding your condition. New information that establishes the limitations caused by your condition are crucial.
- Failing to Document Failures at Reasonable Accommodations: Your agency must attempt to accommodate your condition, but their attempts may fall short. Include detailed descriptions of how your agency tried to make accommodations and why these efforts were insufficient. Include specifics.
- Losing Key Documents and Files: When documents go missing, it could affect your case. Make copies of all relevant documents, written correspondence, and messages pertaining to denials, reconsiderations, and appeal. This includes copies of any new records or evidence.
- Failing to Speak with an Attorney: The intricacies and specific procedures reconsideration and appeals can be confusing. Working with a lawyer means having a guide whenever obstacles or unexpected circumstances arise.
How to Avoid Errors When Applying for FERS/CSRS Disability Retirement
To help you avoid potential missteps in your disability retirement case, we encourage you to read our disability retirement guide for federal workers.
In addition, we also have some tips on how to select a good FERS/CSRS disability retirement attorney.
Ultimately, the best way to avoid issues and setbacks while applying for disability retirement is to consult with an attorney as soon as possible.
Why Federal Employees Come to The Bell Law Group for Help
Federal workers know they can trust The Bell Law Group whenever they have a problem or need answers to complex questions. If your disability retirement was denied or you need assistance calculating your federal disability retirement, our attorneys are here.
Founded in 2002, our law firm has a proud record of advocacy for working people.
- We Focus on Workers Rights and Legal Protections: The Bell Law Group focuses on the rights of private sector workers here in New York as well as federal civil service employees all over the U.S. and overseas. This includes federal employment discrimination/EEOC cases and legal representation for federal whistleblowers.
- Our Lawyers Have More Than a Century of Combined Experience: Our employment law attorneys bring more than a century of combined experience practicing law. The lawyers at The Bell Law Group can help you understand different OPM procedures, meet key deadlines for paperwork, avoid critical errors, and guide you through the disability retirement process.
- We Have a Record of Fighting for Federal Civil Service Workers: The Bell Law Group gets results for workers in the public sector. This includes multiple disability retirement cases in which we helped submit compelling applications and made successful appeals after an initial denial. Read our past verdicts and settlements to see what we’ve done for federal workers.
- Consultations Are Free, No Obligation, and Confidential: Public servants are sometimes reluctant about speaking with an attorney, especially if word gets out. You don’t have to worry about that with The Bell Law Group. We protect all workers and take our role seriously. Our firm provides free and private case reviews with no obligation. Any details we discuss remain strictly confidential.
Contact Our Attorneys About Your Federal Disability Retirement Issues
If you’re applying for disability retirement and have encountered any setbacks, our lawyers are here to offer whatever guidance we can. To request a free and completely confidential case review, contact The Bell Law Group.
