Denied OPM Disability Retirement? A Second Review Could Change Everything

Federal employees who apply for OPM disability retirement often assume that a denial letter is the end of the road. It is not. The Office of Personnel Management reviews thousands of applications every year, and a first denial is frequently based on missing documentation, unclear medical language, or an incomplete picture of how a condition affects job performance rather than an accurate assessment of whether benefits are truly warranted. If you received a denial, you still have a path forward, and our OPM claims process lawyers can walk you through what comes next.

What Happens After an Initial Denial

When OPM denies a disability retirement application, the decision letter will explain the reasons for the denial and will also explain your right to request reconsideration. This is a critical step because reconsideration is not simply resubmitting the same paperwork. It is an opportunity to strengthen your case by addressing the specific gaps OPM identified, whether that means obtaining more detailed physician statements, clarifying how your medical condition prevents you from performing the essential functions of your position, or correcting factual errors in the original submission.

Under federal regulation, applicants have a limited window to act. A request for reconsideration generally must be filed within 30 calendar days of the date on the initial decision. Missing this deadline can seriously limit your options, so acting quickly after a denial matters.

Why Denials Happen More Often Than You Might Think

Many applicants assume that a denial means their condition simply is not severe enough. In reality, denials often come down to how the application was presented rather than the underlying medical facts. Common issues include:

• Physician statements that describe a diagnosis without connecting it to specific job duties the employee can no longer perform.
• Missing agency certification confirming that no accommodation or reassignment was available.
• Incomplete work history documentation needed to establish eligibility under FERS or CSRS.
• Medical evidence that does not clearly show the condition is expected to last at least one year.

Because OPM evaluates applications on the written record, a well-organized and thorough submission during reconsideration can make a significant difference in the outcome.

Building a Stronger Case the Second Time Around

A denial does not mean your case lacks merit. It often means the case needs to be built more carefully. This is where working with an experienced attorney becomes valuable. During reconsideration, we focus on identifying exactly why OPM denied the claim and then gathering the specific medical and employment evidence needed to directly answer those concerns. This might involve requesting updated statements from treating physicians, obtaining additional agency documentation, or reorganizing the application so that the connection between the medical condition and job limitations is unmistakable.

If reconsideration does not result in approval, federal employees also have the right to appeal to the Merit Systems Protection Board, so a denial at this stage still does not close the door entirely.

Contact an Attorney for Guidance Today

If your OPM disability retirement application was denied, do not assume the decision is final. You have a limited amount of time to request reconsideration, and how that request is prepared can shape whether your claim ultimately succeeds. Our national OPM claims process attorneys at the Law Offices of Stephen Barszcz help federal employees across the country understand their denial, gather the right evidence, and pursue reconsideration with a clear strategy. Contact our firm today to discuss your case and find out what steps make sense for your situation.

Source:

ecfr.gov/current/title-5/chapter-I/subchapter-B/part-844