Receiving a denial from the Office of Personnel Management (OPM) after applying for FERS disability retirement can be discouraging, but it is not necessarily the end of your case. Many federal employees successfully obtain disability retirement benefits after appealing an initial denial.
If your application has been denied, acting quickly and understanding your available options can significantly improve your chances of success. Graham Law Firm helps federal employees challenge denied disability retirement claims and navigate every stage of the appeals process.
Why Does OPM Deny Disability Retirement Claims?
OPM may deny an application for a variety of reasons, including:
- Insufficient medical evidence
- Missing documentation
- Failure to prove inability to perform essential job duties
- Questions regarding accommodation or reassignment
- Incomplete application forms
- Inconsistent medical records
A denial does not necessarily mean you are ineligible. In many cases, the issue is simply that OPM believes additional evidence is needed.
Carefully Review the Denial Letter
Your denial letter explains why OPM rejected your claim.
Common findings include:
- Your medical documentation does not establish disability.
- Your condition is not expected to last at least one year.
- Your agency could accommodate your restrictions.
- Medical evidence does not connect your condition to your inability to perform your position.
Understanding OPM’s reasoning helps determine the best strategy for moving forward.
Request Reconsideration
The first appeal step is generally requesting reconsideration from OPM.
During reconsideration, you have the opportunity to strengthen your case by submitting:
- Additional physician opinions
- Updated medical records
- Specialist evaluations
- Functional capacity assessments
- Detailed explanations addressing OPM’s concerns
Many successful claims are approved during reconsideration after stronger supporting evidence is submitted.
Appeal to the Merit Systems Protection Board
If reconsideration is denied, you may have the right to appeal to the Merit Systems Protection Board (MSPB).
At this stage, your case becomes more formal and may involve:
- Legal briefs
- Witness testimony
- Medical experts
- Administrative hearings
- Cross-examination of evidence
Because MSPB proceedings involve legal procedures and deadlines, experienced representation can be especially valuable.
Continue Receiving Medical Treatment
Even while your appeal is pending, continue following your treatment plan.
Consistent medical care demonstrates:
- Your condition remains ongoing.
- You are actively seeking treatment.
- Your symptoms continue to affect your ability to work.
Large gaps in treatment may raise questions during the appeals process.
Strengthen Your Medical Evidence
One of the most effective ways to improve an appeal is obtaining detailed physician statements that explain:
- Your diagnosis
- Functional limitations
- Why those limitations prevent you from performing your federal position
- Expected duration of your condition
- Why accommodation is not effective
Specific, job-focused medical opinions often carry more weight than general medical records alone.
Don’t Miss Appeal Deadlines
Federal disability retirement appeals involve strict filing deadlines.
Missing an appeal deadline may limit or eliminate your ability to continue pursuing benefits. Seeking legal guidance early can help ensure all paperwork is submitted correctly and on time.
Why Legal Representation Matters
Federal disability retirement law can be highly technical. A knowledgeable attorney can identify weaknesses in your original application and develop a stronger appeal strategy.
Graham Law Firm assists federal employees by:
- Reviewing denial letters
- Building stronger medical evidence
- Preparing reconsideration requests
- Representing clients before MSPB
- Managing deadlines and legal filings
Having experienced legal guidance allows you to focus on your health while your attorney handles the complexities of the appeals process.
Graham Law Firm Can Help You Move Forward
An OPM denial does not mean your case is over. Many federal employees ultimately receive disability retirement benefits after presenting stronger evidence and pursuing the proper appeals process.
If your FERS disability retirement claim has been denied, Graham Law Firm can evaluate your case, explain your options, and help you pursue the benefits you deserve.
Click Here to Learn More About Federal Disability Retirement Appeals