Generally, the  MSPB relies on the legal theory of “res judicata” to prevent an individual from applying over and over again for disability retirement that  OPM has already denied.   “Res Judicata”, loosely translated from Latin, means “the thing has been decided”, and is a basic theory of Western jurisprudence that bars a second action involving the same parties and the same facts.

Now, if you apply for disability retirement, and are denied by  OPM and the MSPB, does that mean you can not file again?  No.  It just means that something has to change to allow you to file for  disability retirement.  If you have a new condition that was not included in your initial application for disability retirement to  OPM or appeal to the  MSPB, then you can file another application without your case being “res judicata”.  Also, if the condition that was included in your initial application for disability retirement to  OPM or appeal to the  MSPB worsens, then you can refile an application.

If you want to read more about filing a second application for disability retirement with OPM, the leading  MSPB case on this issue is Luzi v. OPM, 2007 MSPB 158 (June 15, 2007).

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, with some power. This information is not widely or easily accessible to Federal Employees.

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

It is best to consult with a lawyer familiar withMerit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about disability retirement under  FERS or  CSRS, or  OPM’s denial of your applications for disability retirement benefits under  FERS or  CSRS, contact an MSPB attorney at the Attig Law Firm to schedule a telephone consultation.