Understanding Your Rights After an OPM Denial
Being denied federal disability retirement benefits can be disheartening, but it’s crucial to remember this isn’t the end of the road. You have the right to appeal the decision and pursue the benefits you deserve. This comprehensive guide will walk you through each step of the appeals process, outlining your options and empowering you to make informed decisions.
Initial Reconsideration: Addressing OPM’s Concerns
Upon receiving a denial from the Office of Personnel Management (OPM), your first step is to request reconsideration. The denial letter will include a form outlining three options for reconsideration:
Option A: Request for Reissue (Same Information): If you believe the OPM made a mistake in their evaluation, you can request a new decision based on your original application materials.
Option B: Submit New Evidence: This option allows you to strengthen your case by submitting additional evidence that addresses any gaps or weaknesses identified in the initial denial.
Option C: Request a 30-Day Extension: If you need more time to gather supporting documents, you can request a 30-day extension to compile and submit additional evidence.
It’s generally recommended to submit new evidence if possible, as this strengthens your case and provides the OPM with a more comprehensive picture of your disability. Remember, you must submit your reconsideration request within 30 calendar days of receiving the denial letter.
The Merit Systems Protection Board (MSPB): A Second Level of Appeal
If your reconsideration request is denied, you can take your appeal to the Merit Systems Protection Board (MSPB). This independent agency handles appeals of federal employment matters, including disability retirement denials.
Timeframe: You have 30 days from receiving the reconsideration denial to file an appeal with the MSPB.
The MSPB Hearing: The MSPB will assign an administrative law judge to your case. You can choose to have a hearing conducted over the phone or via video conference.
Presenting Your Case: Hearings allow you to present evidence, call witnesses (medical professionals, colleagues, family members), and provide testimony to support your claim. The OPM may also present evidence and witnesses.
Further Appeals and Alternative Options
Appealing an MSPB Decision: If the MSPB rules against you, you have two options:
Petition for Review: Request a review of your case by the full MSPB panel in Washington, D.C.
U.S. Court of Appeals for the Federal Circuit: File an appeal with the federal court system. These stages involve complex legal procedures, making it highly advisable to seek legal counsel from an attorney specializing in federal employment law.
Re-Applying for Disability Retirement: If you remain employed and your circumstances change (worsening condition, removal of accommodations, new medical condition), you can file a new disability retirement application.
The Value of Legal Expertise
Navigating the federal disability retirement appeals process is complex. Having an experienced attorney by your side can significantly impact the outcome of your case. An attorney can:
Provide expert advice: Help you understand your rights, options, and the strength of your case.
Gather and present compelling evidence: Ensure all necessary documentation is collected and presented effectively.
Represent you at hearings: Advocate on your behalf during MSPB hearings and other legal proceedings.
External Resources
U.S. Office of Personnel Management (OPM)
U.S. Merit Systems Protection Board (MSPB)
FedSmith (Federal Employee News & Information)
Government Executive
National Active and Retired Federal Employees Association (NARFE)
Conclusion
Applying for federal disability retirement and navigating the appeals process can be daunting. Remember, you are not alone. By understanding your rights, carefully considering your options, and seeking appropriate legal guidance, you can increase your chances of securing the benefits you deserve.