
OPM Disability Retirement Lawyers
Federal Disability Retirement Attorneys for FERS & CSRS Employees
Federal employees facing serious medical conditions often feel trapped between declining health and the fear of losing their careers. OPM Disability Retirement provides a critical financial and healthcare safety net for federal workers who can no longer perform their job duties due to a disabling medical condition.
At Berry & Berry, PLLC, we represent federal and postal employees nationwide in OPM disability retirement applications, reconsiderations, and MSPB appeals. Our firm focuses exclusively on federal employment law and understands how to present medical, legal, and occupational evidence to meet OPM’s strict standards. We answer your questions.
What Is OPM Disability Retirement?
OPM Disability Retirement is a federal retirement benefit available to employees under FERS or CSRS who can no longer perform the essential duties of their position due to a medical condition expected to last at least one year.
Unlike Social Security Disability, federal disability retirement does not require total disability. Instead, the focus is whether your medical condition prevents you from performing your specific federal job and whether your agency can reasonably accommodate your condition.
Who Is Eligible for OPM Disability Retirement?
To qualify for federal disability retirement, you must meet all of the following requirements:
-
You are a federal or postal employee covered under FERS or CSRS
-
You have completed at least:
-
18 months of creditable service under FERS, or
-
5 years of creditable service under CSRS
-
-
You suffer from a medical condition that:
-
Prevents you from performing one or more essential job duties
-
Is expected to last at least one year
-
-
Your employing agency is unable to accommodate your medical limitations
-
You applied before separation or within one year of separation from federal service
Meeting these requirements involves more than filling out forms. OPM evaluates medical narratives, job descriptions, accommodation attempts, and legal arguments, making experienced representation critical.
FERS vs. CSRS Disability Retirement
FERS Disability Retirement
-
Available to most current federal employees
-
Benefits generally include:
-
60% of your high-3 average salary for the first year (offset by SSDI)
-
40% of your high-3 salary thereafter until age 62
-
-
Health and life insurance coverage may continue
CSRS Disability Retirement
-
Available to older retirement system participants
-
Requires longer service history
-
Benefit calculations differ and are often more complex
Our attorneys analyze which system applies and how to maximize long-term benefits.
The OPM Disability Retirement Application Process
The disability retirement process is document-intensive and often misunderstood. Common mistakes lead to unnecessary denials.
The process typically includes:
-
Notifying your employing agency
-
Completing required OPM forms
-
Submitting comprehensive medical evidence
-
Providing physician narratives linking your condition to job limitations
-
Demonstrating accommodation efforts or agency inability to reassign
-
Waiting for OPM review and decision
OPM may take several months or longer to issue a decision. Proper legal framing from the beginning significantly improves approval odds.
Medical Evidence: The Key to Approval
One of the most common reasons OPM denies disability retirement applications is insufficient or improperly framed medical evidence.
Strong applications include:
-
Detailed physician narratives
-
Objective medical findings
-
Clear explanation of functional limitations
-
Direct connection between medical condition and job duties
-
Consistency across all submitted documentation
We work directly with treating physicians to ensure medical opinions meet OPM’s legal standards—not just clinical descriptions.
What If OPM Denies My Disability Retirement Application?
A denial is not the end of your case.
Appeal options include:
-
Request for Reconsideration with OPM
-
Appeal to the Merit Systems Protection Board (MSPB)
-
Further appeals to the Federal Circuit, if necessary
Each appeal level has strict deadlines, procedural rules, and evidentiary requirements. Representation becomes even more critical at the MSPB level, where administrative judges review legal arguments and evidence.
Berry Legal has extensive experience handling disability retirement appeals at every stage.
Can I Work After Being Approved for Disability Retirement?
Yes, in many cases.
Federal disability retirement allows approved retirees to earn income outside federal service, subject to certain limitations. Understanding post-retirement income rules is essential to protecting your benefits.
We advise clients on:
-
Earnings limitations
-
Return-to-work considerations
-
OPM medical reviews
-
Continuing eligibility compliance
Why Choose Berry & Berry, PLLC for OPM Disability Retirement?
-
Focused federal employment law practice
-
Over 25 years of experience in OPM Disability Retirement cases
-
Nationwide representation of federal employees
-
Deep understanding of OPM standards and MSPB litigation
-
Strategic medical-legal case development
-
Personalized guidance from application through appeal
We do not treat disability retirement as a paperwork exercise. We build legally defensible cases designed to withstand OPM scrutiny.
Frequently Asked Questions (FAQ)
What is the deadline to apply for OPM disability retirement?
You must apply while still employed or within one year of separation from federal service.
Do I need to apply for Social Security Disability?
FERS applicants are generally required to apply for SSDI, but approval is not required for OPM disability retirement eligibility.
Can I apply if I am still working?
Yes. Many employees apply while still on the rolls, on light duty, or using leave.
Does my agency have to support my application?
Agency support helps but is not required. OPM makes the final decision.
How long does the process take?
Initial decisions often take several months. Appeals can extend the timeline significantly.
Speak With an OPM Disability Retirement Attorney
If your medical condition prevents you from performing your federal job, you may have options. Early legal guidance can protect your income, benefits, and future.
Contact Berry & Berry, PLLC today to discuss your eligibility for OPM disability retirement and how we can help you navigate the process.
