Can  OPM deny a federal disability retirement application to a postal worker or federal employee on the grounds that they entered Federal Civil Service with a pre-existing condition?

In some unique situations,  OPM may be able to, so long as their decision does not lead to an absurd result.  In Davis v. OPM, 64 MSPR 1, 4 (1994), the Merit Systems Protection Board (MSPB) reminded practitioners that where an appellant enters Federal service with a pre-existing medical condition, he or she will not necessarily be precluded from receiving  federal disability retirement so long as the federal employee or postal worker can show that the current disability from that condition  was caused by degeneration of the medical condition.  The Davis case also held that  OPM and the  MSPB are not to apply this rule  where it could lead to absurd results.

If the medical condition that is now disabling and preventing you from performing useful and efficient government service, you may want to consider providing evidence that the condition has progressed, during your postal career or federal employment, to the point that it is now disabling.  This is not something everyone wants to do – talk to an attorney to find out if this approach is right for your case.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee or postal worker, with some power. This information is not widely or easily accessible to Federal Employees or postal workers.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirementis denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) and federal disability retirement appeals to discuss the facts and law of your particular case. If you are obese, or morbidly obese, and would like to discuss your application for federal disability retirement, under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, or any attempts to seek to have federal disability retirement benefit reinstated by OPM, contact an MSPB attorney or a Federal Disability Retirement Lawyer at the Attig Law Firm to schedule a telephone consultation.