OPM Disability Retirement Reconsideration
Our federal retirement lawyers represent current and former federal employees nationwide seeking reconsideration by the Office of Personnel Management (OPM) in disability retirement denial cases. When OPM issues a denial in a disability retirement application, they are given an opportunity to request reconsideration. In such cases, most disability retirement applicants do not realize that they might have a better chance of receiving approval for disability retirement on reconsideration than they did in their initial application. The timeline for reconsideration is short so it is important to obtain legal representation quickly in these types of cases.
What is the OPM Reconsideration?
Reconsideration is simply OPM’s method of reviewing its initial denial to ensure that the applicable laws, rules and regulations have been properly applied to a federal employee or retiree’s application for disability retirement. In most cases, the individual will receive a decision from OPM explaining why they are denying the disability retirement application. OPM will also discuss the reconsideration process. However, in order for OPM to start a review, the federal employee or retiree must initiate the request for reconsideration. The OPM reconsideration process will then provide the federal employee or retiree an opportunity to address any deficiencies or legal errors in OPM’s initial decision. It is often the case that OPM will spend more time in reviewing a reconsideration application than they did in reviewing the initial retirement package. In other words, there is a real chance that OPM may ultimately approve a disability retirement application if an individual puts the effort into filing a comprehensive reconsideration request.
Requesting Reconsideration from OPM After Denial
Generally, a federal employee or retiree has 30 days within which to request reconsideration from the date of an adverse OPM decision. The deadline is critical and does not involve significant work to initiate. The reconsideration request must be received within 30 days (not just submitted). As a result, it is important to ensure that the request to OPM is timely. Otherwise, the request for reconsideration can be denied by OPM as untimely and may not be reviewed. OPM’s Request for Reconsideration of Disability form is fairly straightforward and easy to complete. It is usually important to check the last box in which the federal employee requests an extra 30 days to provide additional information about an individual’s qualification for disability retirement. It is important to include the CSA number attached to the denial on the form. Once the OPM Request for Reconsideration form is received, assuming that it is completed correctly, additional information will need to be gathered in support of overturning OPM’s initial decision within the 30-day window. Again, timing is short and it can take some time to obtain medical documents so it is critical to start work on a reconsideration appeal immediately.
Submitting Additional Information Needed on Reconsideration
After the OPM disability retirement reconsideration process has begun, the next step will be to add additional documentation to prove that the OPM decision was incorrect. There is a right to request a copy of the claim file which will normally include the information that the individual submitted to OPM in making the first decision in the case. Requesting this information can be helpful to see whether or not OPM reviewed any other information in issuing the OPM denial. In other instances, the claim file is not as useful. Given that the case involves a denial, more documentation supporting the disability will need to be provided by the federal employee or retiree.
Types of Documentation Submitted to OPM
In requesting reconsideration, the more information provided to OPM that discusses the ability, the better. Because disability retirement involves the inability to perform their position, the additional documentation is likely to be medical in nature. OPM provides some examples of documents that might be helpful in their standard denial letters. Some of the more common reconsideration responses include:
(1) Complete histories of the medical or disabling condition at issue;
(2) Findings from prior medical examinations;
(3) Other records of medical treatment (e.g., x-rays, EKGs, MRIs, psychological examinations); and
(4) Other evidence supporting the disability, such as personal statements and letters of support from family and friends.
OPM Review of Reconsideration Request
Once received by OPM, the reconsideration file will be given to a new OPM specialist who will review any new materials submitted along with the existing file. The OPM official will then review and issue a determination either approving the disability retirement application or issuing a new denial. Reconsideration specialists tend to give substantial weight to new medical documentation so this is a critical part of the reconsideration process. We find that the reconsideration stage yields a more meaningful review of the disability retirement claims. We have also found that OPM reconsideration specialists are typically quicker in issuing a reconsideration decision than specialists during an initial application review. If an individual’s disability retirement is approved by OPM on reconsideration, interim payments will then begin.
Appealing an OPM Final Denial
If OPM still issues a final denial on reconsideration, other rights, such as pursuing an appeal before the Merit Systems Protection Board (MSPB), are still available. The reconsideration decision will typically provide full instructions on how to appeal the decision to the appropriate field office of the MSPB. Usually, an individual will have 30 days in which to file an MSPB appeal regarding their retirement denial with the MSPB. Again, timing is important and an individual can lose their rights if the appeal is not timely filed. Once submitted, an administrative judge will be assigned to oversee the hearing in the case. In an MSPB retirement appeal, having counsel is critical to potential success. An MSPB appeal is similar to the civil action process, with attorneys on both sides and a judge. The same procedures that apply in regular court apply in MSPB appeals. This link provides more information on MSPB retirement appeals.
Contact Us
When seeking OPM disability retirement reconsideration, it is important to obtain legal representation. You can contact our law firm through www.berrylegal.com, or by telephone at (703) 668-0070, to schedule a consultation to discuss your individual federal employment retirement matter.
