In order to obtain Office of Personnel Management (OPM) Disability Retirement benefits, the federal employee must submit evidence to prove by a preponderance of the evidence that s/he is eligible for Federal Disability Retirement benefits. If the application is initially denied by OPM, then the employee is given an opportunity to request Reconsideration and submit additional medical and other documentary evidence to persuade the Office of Personnel Management to reverse its initial denial. It is critical for the employee to submit sufficient evidence at the Reconsideration stage.
If the claim is denied after Reconsideration, then the employee can file an appeal to the U.S. Merit Systems Protection Board (MSPB) where an MSPB Administrative Judge will hear the case de novo. If the claim is denied at this stage, the employee can appeal to the Full Board of the MSPB. If the Full Board affirms the Initial Decision, then the employee can appeal to the Federal Court of Appeals for the Federal Circuit.
Throughout this process, and especially in the administrative stages before the Office of Personnel Management, the federal employee should make every effort to submit quality medical evidence in support of the claim. A qualified OPM Disability Retirement lawyer can assist the employee in this endeavor. In addition, in denying an application, OPM will sometimes apply the law incorrectly.
If you’re considering applying for OPM disability retirement, you should contact OPM Disability Retirement Attorney Gregory A. Hall for legal assistance. If you retain Mr. Hall to assist with your application for benefits, he can help you avoid many of the pitfalls that cause applications for medical retirement to be denied by OPM.