MSPB: Can Federal Employees Appeal an OPM denial of disability retirement?
The short answer to that question is “generally, yes”. Here’s some more information:
Disability retirement is available to Federal Employees who become disabled in the course of their employment. The disability need not have occurred while at work. Whether or not an employee is eligible for disability retirement depends on which Retirement System the employee works under.
CSRS employees must be employed for a minimum of 5 years and be no longer able to effetcively perform at their current grade or pay level due to a medical condition. FERS employees are eligible for retirement if the become disabled after completing at least 18 months of service. (As an aside, FERS and CSRS-offset employees must also apply for Social Security disability benefits or show that they aren’t eligible for those benefits).
To qualify for disability retirement, the employee must submit an application to OPM. The process will require substantial documentation of the medical condition, and involves working hand in hand with OPM to ensure that they have the information and documentation to give you the best possible decision.
If OPM rejects your application for disability retirement, you can request a reconsideration. If you do not request reconsideration, you will not be able to appeal to the MSPB. If you request reconsideration, be sure to raise every possible issue that supports your application to OPM in the reconsideration process.
FERS Employees: click here to follow a link to learn more about disability retirement benefits.
CSRS Employees: click here to follow a link to calculate your disability retirement annuity
