When a federal employee is denied OPM disability retirement, the disappointment need not be permanent; there is still hope for a positive reversal and we are here to help!
The first step we advise is for the applicant to focus on the exact reasons OPM has cited for the denial. If in their denial letter OPM claims that your medical evidence was not sufficient, the next step is for you to examine the application package and medical documentation to evaluate where your weak links lie. We often find that OPM has referred to the fact that your physician’s statement has not addressed some of the central issues that OPM is seeking when determining eligibility. When this happens we highly recommend you go back to your doctor and provide specific guidance for revising the his or her letter or information provided.
Another potential reason for denial that OPM regularly references applies specifically to a person who retires based on mental health issues sourced from harassment in the workplace. The issue often appears situational, or perhaps there has not been an established nexus between the medical condition and service deficiency. Here, the angle of the claim may need to be adjusted as well.
We often find the facts of a claim can potentially form a great application for OPM disability retirement, but the applicant has not presented the facts using language that directly references OPM’s requirements.
If you have been denied OPM disability retirement, you will likely be granted 30 days to submit a reconsideration. It is important to get the guidance of an experienced legal team like Pines Federal to ascertain that you have interpreted the reason for the denial correctly, and have the knowledge and assistance to submit a winning reconsideration appeal the second time around. Call us at 800-801-0598 to get the advice you need and the results you deserve!
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.
Loading...