A recent Initial Decision of the Merit Systems Protection Board (MSPB) reminds us of a key tenet in filing disability retirement applications. When you file your application for disability retirement under FERS/CSRS with the Office of Personnel Management (OPM), make sure that every condition that interferes with your work is listed or identified in the application for disability retirement. If you do not do this, then the MSPB may not consider them. OPM can deny your application, and when you file for an MSPB Appeal of the OPM’s disability retirement denial, you will not be able to rely on any conditions you have not listed on your initial application (or added to the request for reconsideration) as playing a role in your need for disability retirement.
I often get calls from FERS/CSRS Disability Retirement applicants who have been denied disability retirement by OPM. They tell me all the medical conditions that are impacting them, and when I look at their application and denial letter from OPM, I often do not see all of the federal employee’s medical conditions listed. In addition to the individual medical conditions, a FERS/CSRS employee applying for disability retirement can and probably should try to argue how the collective operation of all of their medical conditions – in addition to each one individually – precludes them from rendering useful and efficient government service.
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.
Pines Federal represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is 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 withMerit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about federal disability retirement under FERS or CSRS, or OPM’s denial of your applications for federal disability retirement benefits under FERS or CSRS, contact an MSPB attorney at the Pines Federal to schedule a telephone consultation.
Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.
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