What Can I Do If the OPM Denied My Federal Disability Retirement Claim?

When a federal civilian employee with a sufficient service record becomes disabled, they may be eligible to apply for and to receive disability retirement benefits through the Office of Personnel Management (OPM). In order to be eligible for OPM disability retirement benefits, you must have worked in your FERS-eligible position for a sufficient length of time (at least 18 months), you must have documentation from your health care provider that proves your disability is expected to last for at least a year and that is occurred during your federal employment, and your current federal agency must be able to certify that it cannot accommodate your disabling medical condition based on existing vacant positions that are in the same agency and at the same grade or pay level.

You Have a Right to Appeal After an OPM Disability Retirement Denial

If you have applied for OPM disability retirement benefits and been denied, you should know that you have rights to appeal after the initial denial. In order to appeal your denial, it will be essential to begin working with an OPM disability retirement lawyer who can assist you with this complex process as soon as possible.

As soon as you submit your initial OPM disability retirement claim, you will have a Medical Specialist who is assigned to your case. This is typically the person who is making a decision about your application and will determine whether to approve or deny your claim. When you are denied, you will receive a denial letter in the mail that explains the reason that your claim was denied. There are many different reasons that a Medical Specialist may deny a claim, and often, you can appeal successfully.

Steps in Your OPM Disability Retirement Appeal

As soon as you receive the decision letter that denies your claim, you will have 30 days from the date on the letter to submit your appeal for reconsideration. It is important to pay attention to the date — the 30-day clock does not begin ticking on the date you receive the denial letter but rather on the date written on the denial letter (which will be earlier than the date you receive the letter). You must request a new decision from the OPM within this time window or else you can lose your right to appeal.

Typically, with your lawyer’s assistance, you will submit additional evidence to support your case, and you will be assigned a new Medical Specialist who will review your claim. You may be able to request a 30-day extension if you need more time to obtain the necessary medical evidence.

If your claim is denied again on appeal, you still have appeals options that your lawyer can discuss with you. Most immediately, you can appeal to the Merit Systems Protection Board (MSPB)  where your case can be reviewed by a judge. If you are denied again, you may be able to obtain another review by a complete and full MSPB board, and then, in a final appeal, in a federal circuit court by filing a civil lawsuit.

Contact Our National OPM Claims Process Lawyers for Assistance Appealing a Denied OPM Federal Disability Retirement Claim

Did you recently apply for OPM disability retirement benefits with the belief that you were eligible, only to be denied? If you were denied benefits and have questions about appealing the decision as part of the claims process, our firm can assist you. As we discussed above, you may be able to appeal and to be determined eligible for OPM disability retirement benefits with help from an experienced national OPM claims process attorney at the Law Offices of Stephen Barszcz. Contact our firm today to discuss the details of your case and to begin working on your appeal.

Source:

opm.gov/support/retirement/faq/disability-benefits/