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 Law Office of Eric Pines 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 d disability retirement applications by OPM.
It is best to consult with a lawyer familiar with Merit 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 Law Office of Eric Pines to schedule a telephone consultation.