Securing Disability Retirement: Exploring Options for Federal Employees
Federal employees that have a disabling medical condition and meet certain criteria may be eligible for a unique form of disability retirement only eligible for federal employees. To receive this entitlement, you must apply for disability retirement with the Office of Personnel Management (OPM).
To be eligible for Disability Retirement you must satisfy the below criteria:
- Worked in the federal government for at least 18 months;
- Have a medical condition/illness (disability) that will last for at least one year;
- Cannot perform the essential functions of the job;
- No other job positions are available that you can perform despite your medical condition limitations.
Unlike workers compensation, your disability does not need to arise from a workplace injury. For example, a medical condition impacting your short-term memory.
What happens if OPM denies my initial claim?
You still have options and we can help. You can "Request a Reconsideration" by the OPM. At this stage, you can submit additional evidence not provided in your initial claim. A new decision maker will also be assigned to your case to evaluate your claim.
What happens if OPM denies my "Request for Reconsideration?"
You can file an appeal to the Merit Systems Protection Board (MSPB). At this stage, an Administrative Law Judge will be assigned to your case and a hearing will be scheduled. We can represent you during the hearing. It is critical to understand the basis behind OPM's denial of your initial disability claim. This is your opportunity to provide additional evidence to refute OPM's decision particularly if any factual disputes exist. It may also be appropriate to argue that OPM did not follow their own rules and procedures.
