Federal Disability Retirement Appeals

There’s still hope to get the benefits you need

Learn about Federal Disability Retirement
OPM Denials

Has the OPM denied your claim?

Being denied the benefits you desperately need can be scary… but that doesn’t mean the fight is over. Our experienced legal team knows how to get you back on track.

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The Federal Disability Retirement

Appeals Process

STAGE 1

Initial OPM Review

1-6 months

An application is first looked at for consideration in the initial OPM review

STAGE 2

Reconsideration

3-6 months

When an initial denial is appealed,
reconsideration can be requested within 30 days

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STAGE 3

MSPB

3-6 months

After a second denial, the applicant may appeal the OPM decision to the Merit Systems Protection Board (MSPB).

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Stage 2

Reconsideration

If your Federal Disability Retirement case is denied, then you will be mailed a denial letter that details why. In the event of being denied and receiving this dismissal notice in the mail, you have 30 days from the date of the letter to submit a reconsideration request to the Office of Personnel Management (OPM).
You have three options when requesting a reconsideration

Have the OPM make a decision based on the evidence included, along with the request form and documentation already in your file. 

Request a reconsideration based on the original documentation already in your file. Your case will be assigned to a new Medical Specialist, and you will not be able to submit any additional evidence to support your claim.
Request a reconsideration of the initial decision along with a 30-day extension to submit new evidence to solidify your Federal Disability Retirement claim.

Why is this important?

The appeals process is difficult and rigorous one. It’s critical to seek assistance at this stage since the decisions made here can determine the final outcome of your appeal.

Stage 3

MSPB

If your case is denied at the reconsideration stage, then you have the option to request a second appeal. If you request an appeal, your Federal Disability Retirement case will then be taken to the Merit Systems Protection Board (MSPB).
Your case will be assigned to a judge in the MSPB regional office and the OPM will appoint an agency representative to oppose your case before the judge.

Keep in mind

This is the third stage of consideration. If your case is denied again at the MSPB stage, then you can request to have your case reviewed by the full MSPB panel in Washington, D.C. or request to have it taken to the U.S. Court of Appeals for the Federal Circuit for a decision.

Don’t go into the appeals process alone.

Schedule a FREE consultation today to see how we can help.

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Federal Employee Resources

Our ever growing library of federal employee resources give you the knowledge you need to make smart choices about your future.

FAQs

Frequently Asked Questions

Get the answers you need on-demand, from a team of federal employee benefits professionals.

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Webinars

Federal Benefit Webinars

Twice per month we host webinars to help federal employees better understand their benefits and answer their questions LIVE.

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Guides

Benefit Guides

From guides to detailed charts, these educational resources will help clarify confusing federal employee benefits topics.

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Hear our Success Stories

I contacted Harris Federal Law Firm a year ago when I received a non-approval disability reconsideration letter back from OPM. Starting from day one Harris Federal Law Firm made me feel like they had everything under control with reapplying for approval. Once Harris gathered all the info they needed from me, their great staff went to work and submitted an outstanding reconsideration package on my behalf. One year later I received my letter from OPM saying I was approved for disability retirement. All thanks go out to Harris Federal Law Firm and the great staff that handle my stressful needs.”
B.H.

Federal Law Enforcement Officer, Stafford, VA

4.9 Average Rating (180+)